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Booking Conditions

Booking Conditions

Soter Enterprises Booking Conditions. Published November 2023

 

 

  1. Important

The following booking conditions together with our Privacy Policy, the general information contained in our tour brochure and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Soter Enterprises Private Limited, a company registered in India with company number U74999TN2017PTC115028 and registered office at 58, Baywatch Farm 2nd Street, Pandian Nagar, Vettuvankeni, Chennai 600115 Tamil Nadu, India (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

 

In these booking conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person added to a booking or to whom a booking is transferred.

 

Except where otherwise stated, these booking conditions only apply to the tour arrangements shown in our brochure (including accommodation required both before and after your main holiday and activities and other services) which you book with us and pay for before departure and which we agree to make, provide or perform (as applicable) as part of our contract with you.

 

All references in these booking conditions to “holiday”, “booking”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated. All bookings are made pursuant to these booking conditions. Please be aware that your deposit is non-refundable where you choose to cancel your holiday.

 

By making a booking, the first named person on the booking (the “lead name”) agrees on behalf of all persons detailed on the booking that:

 

a. he/she has read these booking conditions and has the authority to and does agree to be bound by them;

 

b. he/she consents to our use of information and personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

 

c. he/she is an adult, over 18 years of age or older if required to be an adult in any country he/she hails from and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

 

d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

2. In these booking conditions

 

a. Any reference to a regulation or law in these booking conditions should be taken to mean the regulations / Laws set by the Government of India

 

b. Unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, fire, flood, an outbreak of a serious illness at your holiday destination, severe adverse weather conditions, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or third party and any volcanic activity. Unavoidable and extraordinary circumstances also include the covid-19 pandemic and its impact on travel. When we refer to the covid-19 pandemic in these booking conditions, we mean the pandemic resulting from the illness or disease caused by the novel coronavirus which is now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutations or variants of the same and/or any other coronavirus (and its mutations and variants) which is treated as part of the same pandemic and/or another pandemic however described.

 

  1. Special requests / fitness to travel medical conditions / disabilities / reduced mobility / allergies / special dietary requirements

If you have any special request, you should advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. All special requests are subject to availability and we cannot guarantee that your special request will be met.

 

Many of our itineraries include sightseeing tours which may involve walking for medium to long periods of time and over uneven surfaces. Steps may also feature, either as part of a tour or within your accommodation. Different modes of transport, such as safari vehicles, houseboats, sampans and rickshaws may also be used. This is not an exhaustive list and it is therefore a condition of booking that you are fit and able to take care of yourself for the duration of the tour. You must have a level of fitness suitable for your chosen tour and must recognise that if you do have any disabilities or walking difficulties you may find access to certain attractions and/or parts of your tour restricted.

 

Our tours may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

 

If you have any doubts about the suitability of a tour or should you suffer from any medical condition, disability, significant reduction in mobility or significant allergy which may affect your tour (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. We will need to notify our suppliers to ensure that they can meet your needs. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability, reduced mobility or significant allergy which may affect your holiday develops after your booking has been confirmed.

 

We regret that we cannot provide individual assistance to a customer for walking, dining, pushing their wheelchair, getting on and off motor coaches or other transportation vehicles or other personal needs. Therefore, customers who need such assistance, or customers with disabilities or special needs must be accompanied by a companion capable of providing all assistance required.

 

We may require a doctor’s note to confirm that you are fit to travel if we have concerns about your ability to participate in a tour.

 

You must have travel insurance to cover any medical condition, disability, significant reduction in mobility or significant allergy.

 

Acting reasonably, if we or our suppliers are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. On occasion, the decision to cancel can only be made at the time the person concerned joins the tour as it may only be apparent at this stage that we cannot properly accommodate the needs of the person concerned. We will not be liable for any expenses arising from your being precluded from joining or completing the tour for any such reason and no refunds or compensation will be paid.

 

We will advise our suppliers of any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst on holiday. Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this.

 

Please see further information relating to mobility aids and destination specific term by clicking here

 

  1. Minimum number of bookings

The operation of all tours is conditional on us securing the minimum number of bookings required to operate the tour. Unless notified otherwise, the minimum number which we aim for in respect of each tour is 4 travellers. For Private Tours, the minimum number is 2 travellers. Where sufficient numbers cannot be achieved, we reserve the right to cancel or change a scheduled tour. Please also see clause 13. We will endeavour to make any decision to cancel or significantly change a tour no less than 60 days prior to the scheduled departure date of the tour but in any event will notify you no less than 20 days prior to the departure date of the tour.

 

If you are offered a new travel date as a result of this clause 4, it is your responsibility to advise your travel insurance company of your new travel dates. We are not liable for any loss in failed insurance claims if you fail to do this.

 

  1. Booking and making payment for your arrangements

To secure any booking, you must pay the applicable deposit as notified to you at the time we provide our quotation or full payment if booking 90 days or less before the start of the tour. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. The deposit or full payment, as applicable, must be received by us within 7 days of booking to ensure your place on the tour is held. Bookings will be automatically cancelled if the applicable deposit or full payment, as applicable, is not received by us and we will have no further liability to you. Deposits are non transferable and non refundable except as expressly set out in these booking conditions. We therefore recommend that you have adequate insurance to cover this.

 

The balance of the tour price (after deduction of the applicable deposit) must be received by us no less than 90 days prior to the start of your tour. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation fees shown in clause 14 depending on the date we reasonably treat your booking as cancelled.

 

Please Note: If you are a single customer, unless travelling on one of our Solo Tours, the applicable single supplement will be added to your invoice at the time of your booking. We will aim to accommodate single customers in twin or double rooms, with single occupancy.

 

  1. Your contract

Subject to availability we will confirm your booking by issuing our confirmation invoice. This invoice will be sent to the lead name.

 

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If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to enquiries@xperienceindia.com

 

A binding contract between you and us comes into existence when we dispatch our confirmation invoice for all bookings.

 

  1. Law and jurisdiction

We both agree that Indian law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the Courts of India only.

 

  1. Your obligations whilst on tour
  2. a) You must follow the Tour Manager’s or, where applicable, Coach Captain’s instructions at all times to ensure on tour safety. You acknowledge that failure to do so may result in restricted access to places of interest on tour or, if necessary for your own safety and/or that of other customers, withdrawal from the tour. On Private Tours, your obligation is to the appropriate Soter Enterprises representative, be that a local guide, or driver guide.

 

  1. b) All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our reasonable opinion, or in the reasonable opinion of any person in authority, you behave in such a way to cause danger, distress or upset or distress to any third party or damage to any property or the environment, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving the tour and any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.

 

  1. c) When you book with us, you accept responsibility for any damage or loss you cause. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will 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. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

 

  1. d) You must make your own enquiries regarding your tour, including being aware of any relevant government travel or safety warnings.

 

  1. Tour price

Prices shown in our brochures and on the website are believed correct at the time of publication. We reserve the right to alter our advertised (brochure or website) tour prices, introduce supplements or correct pricing errors at any time before your booking is confirmed. We also reserve the right to correct any errors in any tour price and not be legally bound in the case of incorrect pricing and acknowledgement of such an error does not mean acceptance of it. We will advise you of any error of which we are aware and of the revised applicable price at the time of booking. Once the tour price has been confirmed at the time of booking, clause 10 below will apply.

 

  1. Price Promise

Early booking offers: Whilst we may offer promotional discounts and/or additional inclusions on some tours, these offers reduce in value closer to the departure date meaning the earlier you book the better offer you will receive.

 

Last minute discounts: It is our policy never to sell any holiday cheaper than originally advertised. In the unlikely event we reduce the price of your holiday to below what you have already paid (after any discounts have been applied), we will contact you to refund the difference.

 

Additional charges *: We guarantee that no surcharge will be added to the basic price of your holiday once your booking has been confirmed, irrespective of any fluctuation in currency exchange rates, increases in international included economy air fares, or increases in other costs associated with your holiday other than the circumstances set out in the paragraph below which are expressly excluded from the price promise. In return for this guarantee and its risk to us, we shall not be able to make any refunds in the event of favourable exchange rate variations or other decreases in costs which would otherwise result in the reduction of the selling price except for the circumstances identified in the paragraph below.

 

 

  1. Tour features

The features of the tour are set out in the tour brochure. We make no representations about the features of any tour other than those expressly set out in the tour brochure and these booking conditions.

 

  1. Brochure validity

The tour brochure and these booking conditions are valid for the departure dates as stated in the tour brochure, or additional departure dates we may introduce, unless otherwise expressly advised by us.

 

  1. Variation or cancellation by us

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. We reserve the right to alter or change the accommodation, carriers, vehicles, vessels or any other service(s) which form part of any tour at any time for any reason and cancel or alter the itinerary and/or tour at any time without notice as we consider necessary for any reason whatsoever including road, weather or traffic conditions, non-performance of suppliers, industrial action, operational conditions and requirements, water level problems, excessive winds or unavoidable and extraordinary circumstances. Errors in the details of advertised and/or confirmed tours and/or other details occasionally occur and we reserve the right to correct these whenever they occur.

 

(1) In the event of industrial action affecting air, rail, cruise or other tour related transportation we will make every effort to contact the lead name and advise of alternative arrangements (if any).

 

(2) Most changes made to a confirmed tour will be insignificant and we have the right to make these. If we make an insignificant change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure. No compensation is payable for insignificant changes. Examples of insignificant changes include alteration of your outward/return flights and/or coach journeys by less than 12 hours, changes to aircraft type (if advised) or carrier, destination or departure airport to one in a similar geographical location, change of accommodation to another of the same or higher standard, minor changes to the itinerary.

 

(3) Occasionally, we have to make a significant change to a confirmed tour and we reserve the right to do so. A significant change is a change made before departure which, taking account of the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a significant effect on your tour. Examples of “significant changes” include the following, when made before departure:

 

  1. a) A change of accommodation area for the whole or a significant part of your time away.

 

  1. b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

 

  1. c) A change of outward departure time or overall length of your arrangements by more than 12 hours.

 

  1. e) A significant change to your itinerary, for example missing out a significant destination entirely.

 

(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.

 

(5) If you choose to cancel your booking in accordance with clause 13(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within 7 days (having provided you with the above mentioned information for a second time), we will assume that you have chosen to accept the change or alternative booking arrangements. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances.

 

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 4. Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us for your booking within 14 days of the effective date of cancellation (see clause 13(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result, including without limitation any payments in relation to travel insurance premiums. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 14 will apply.

 

(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 13(6) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by any government or public authorities mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.

 

(8) In the event that unavoidable and extraordinary circumstances occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us for your booking (except for any previously incurred cancellation or amendment charges and travel insurance premiums). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 13(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation. Please note, certain situations arising from or in connection with the covid-19 pandemic may constitute unavoidable and extraordinary circumstances. However, this does not mean they will entitle you to cancel and receive a full refund.

 

(9) If we have to make a significant change to or cancel a confirmed tour, we will pay you reasonable compensation in the following circumstances*:

 

  1. a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking; or

 

  1. b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

 

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure within which notice of Cancellation or major change is notified to you              Compensation payable per person booking

91 days or more              Nil

75 – 90 days prior to departure  £10

60 – 74 days prior to departure  £20

30 – 59 days prior to departure  £30

Less than 30 days prior to departure       £40

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

 

  1. a) where we make an insignificant change;
  2. b) where we make a significant change or cancel your arrangements more than 90 days before departure;
  3. c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  4. d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
  5. e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  6. f) where we cancel due to insufficient bookings;
  7. g) where we are forced to cancel or change your arrangements due to unavoidable and extraordinary circumstances.

 

Very rarely, we may become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed. If that occurs we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

 

  1. Amendment or cancellation by you

If you wish to make any amendments to your confirmed booking you must notify us in writing as soon as possible. Whilst we will do our best to assist, it may not always be possible to make such amendments. Where we can, an amendment fee of £75 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation fees will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with these booking conditions.

 

Transfer of booking:

 

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

 

  1. a) that person is introduced by you and satisfies all the conditions applicable to the holiday;
  2. b) we are notified not less than 7 days before departure;
  3. c) you pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. d) d) the transferee agrees to these booking conditions and all other terms of the contract between us.

 

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation fees as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for customers not travelling or for unused services.

 

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. Air Passenger Duty will always be non-refundable.

 

You may cancel your booking by notice to us in writing, this may be by letter or email, and payment of the applicable cancellation fee as shown below. Cancellation notifications are not effective until received by us in writing (if received by us on a weekend day or public holiday the notification will be treated as having been received by us on the next working day). Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

 

In calculating our cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. The following cancellation fees apply to each individual person who cancels and where shown as a percentage are based on the total cost of the arrangements which are being cancelled excluding any insurance premiums, amendment fee or previously incurred cancellation fees which are all non-refundable in the event of your cancellation:

 

Cancellation fees

 

Period before your tour commences within which written notification of cancellation is received by us:

 

Tour cancellation period                             Fee per person

More than 90 days prior to departure     Loss of Deposit

90 days to 75 days prior to departure      50% of holiday price

74 days to 60 days prior to departure      60% of holiday price

59 days to 30 days prior to departure      75% of holiday price

30 days prior to departure or less            100% of holiday price

 

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

 

 

  1. Our liability

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

 

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other claim of any description if it results from:

 

  1. a) the acts and/or omissions of the person affected; or

 

  1. b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

 

  1. c) unavoidable and extraordinary circumstances.

 

(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your tour. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

 

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 15(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

 

(5) Except as set out in clause 15(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 15(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

 

(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 15(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or Indian regulation(s). Where a carrier / service provider would not be obliged to make any payment to you under the applicable international convention or Indian regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and Indian regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention.

 

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self employed earnings).

 

  1. Conditions of carriers or other suppliers

Many of the services which make up your holiday are provided by independent suppliers such as hotels. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions or Indian regulations. Copies of the relevant parts of these terms and conditions and of the international conventions / Indian regulations are available on request from ourselves or the supplier concerned.

 

  1. Risk and travel insurance

You acknowledge and accept that there are inherent risks associated with our tours, for example unavoidable and extraordinary circumstances, hazards of travelling in undeveloped areas, travel by boat, train, automobile, aircraft or other means of transportation particularly in underdeveloped countries or more remote locations, forces of nature, political unrest and accident, illness, epidemics or pandemics in regions without means of rapid evacuation or medical facilities. We cannot accept any liability regarding the provision of medical care or the adequacy of any care that may be rendered where it is provided by third parties.

 

It is a condition of your booking and your responsibility to ensure that you have sufficient and valid travel insurance to cover your booking with us. We reserve the right to decline your booking if adequate proof of such current and valid travel insurance is not provided to us if requested. Please note that we do not check individual policies for suitability. We insist you take out appropriate travel insurance to cover as a minimum: pre-existing medical conditions, medical expenses, repatriation in the event of accident or illness, cancellation by you for any reason, cancellation charges, loss of luggage, early return following death of a relative as defined in the respective proposal forms or emergency repatriation, for example in the event of accident or illness. It is your responsibility to ensure that the insurance fully covers all your personal requirements and the specific risks outlined above. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses no matter how arising, in respect of which insurance cover would otherwise have been available. If you have any questions, these should be raised with your travel insurance provider.

 

  1. Itinerary changes and travel advice

During local or national holidays, certain facilities such as museums and restaurants, sightseeing tours and shopping may be limited or not available. Alternatives will be offered if possible.

 

Your safety is our first consideration and if the Foreign, Commonwealth & Development Office (FCDO) advises against travel to a certain country, we act on this advice. The FCDO issues regular advice and updates on its website www.gov.uk/foreign-travel-advice which you are recommended to consult before booking and in good time before departure. Up to date UK border control measures are available at www.gov.uk/uk-border-control. You are responsible for making yourself aware of FCDO advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.

 

  1. Baggage allowance

You are entitled to carry one suitcase per person with the total sum of its length, width and height not exceeding 160cm (63 inches) and weight 15kg (44 lbs). Hand luggage must have a total sum of its length, width and height not exceeding 115cm (45 inches) and weight 5kg (11lbs). Personal and valuable items such as make-up, cameras, medication, passport, money/credit cards etc should be carried in a travel bag or on your person. You must ensure that luggage meets the weight requirements as overweight or oversize items will not be carried. Excess baggage is always at your cost.

 

  1. Young travellers

Travellers who are less than 16 years old on the departure date must be accompanied by and share a room with an adult aged 16 or over. Children under 8 years cannot be accepted on our tours, unless travelling on a private tour.

 

  1. Complaints and Arbitration

If a problem occurs during your tour, you must advise our representative immediately so that steps can be taken to resolve the matter and you can continue to enjoy the remainder of your tour. You must also advise the supplier concerned. If your complaint is not resolved locally, please contact us by email at info@xperienceindia.com or call +919791038068.

 

If you remain dissatisfied, any complaint must ideally be made in writing to us giving full details within 30 days of the end of the tour. If you fail to follow this procedure, your right to claim compensation you may otherwise have been entitled to may be affected or even lost as a result.

 

In the unlikely event of our being unable to reach an amicable resolution of any complaint, all cases must will be governed by the courts of Chennai (Madras) Tamil Nadu, India

 

  1. Tour price and duration

All prices in our brochure(s) are quoted in United States dollars. The information contained on our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. Whilst every effort is made to ensure the accuracy of the website, quotations and prices at the time of publication/printing or when they are given to you, regrettably errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking. The number of days duration stated in each itinerary includes day of departure and day of return. Tour durations may vary should you choose to have a stopover, and airline flight schedules and the itineraries in our brochure(s) should be used as a guide only.

 

  1. Included in your fare

Coach travel and local transfers whilst travelling as part of the group or on one of our organised stopover programmes, service of a Tour Manager^ or Coach Captain^ (if applicable), porterage whilst on tour, airport transfers, meals as specified, accommodation as specified (please note, the third bed in a triple room may be a rollaway bed), sightseeing and admissions and other services as expressly indicated in the itinerary. ^On Private Tours, you will receive the services of a driver(s) and local guides, or a driver guide, as appropriate.

 

NOT included in your fare

 

Meals not specified in the itinerary, drinks unless specified in the itinerary, laundry, passport and visa fees, Dubai Tourism tax (if stopping over), expenses of a personal nature and any other items which are not expressly included in the cost of your tour. Changes to flight schedules may require additional overnight accommodation at either commencement or completion of tour which is at your own expense.

 

 

At the time of booking please ensure you supply your first name and surname as they appear in your

  1. Passports, visas and health requirements

It is your responsibility to meet all applicable entry and other requirements of your destination country (ies) as well as those applicable on your return home. You must ensure that all your travel documents (physical and electronic), including your passport, visas / visa waivers, evidence of any other health related requirement and currency are in order, meet all applicable requirements and are valid for travel. All costs incurred in meeting all requirements applicable to your holiday must be paid by you. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport or entry into your destination country. We cannot accept any liability and cancellation charges will apply (as set out in clause 12) if you are refused entry onto any transport or into any country, or decide not to travel, due to failure (or inability) on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements.

 

You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking, and in good time before, and close to departure. Requirements may change and travel restrictions may be imposed (which could be at no or very short notice prior to departure). You must also keep up to date with this information while you are away.

 

In the event that you have not received any compulsory vaccination, you may be unable to enter your destination country(ies) or to access certain services and may encounter other difficulties. You will not be entitled to cancel (without payment of cancellation charges) or receive any refund and we will not have any responsibility for any costs or expenses you suffer as a result in any such situation.

 

It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.

 

 

  1. Coaches

On our group tours, to ensure all customers have the opportunity to enjoy front and window seats, a daily seat rotation system is employed on all of our coaches and you must follow the seat rotation system.

 

If you suffer from travel sickness, you should arrange medication or other alternatives to treat symptoms as we cannot make allowances in the seat rotation policy for this, in fairness to other guests.

 

  1. Optional activities and dining

Optional activities and special dining are subject to availability, seasonal / operational factors and minimum / maximum numbers. More details on optional tours may be found on our website. On occasion, it may not be possible to arrange an included activity. Suitable alternatives will be arranged. Inclusions may also be subject to change.

 

  1. Medication

It is your responsibility to ensure that any medication you need to carry is permitted to be taken into the countries you are visiting. We recommend you consult with your GP and relevant embassy before booking and review in good time before your departure as advice may change. Any medical services and costs required on tour are at your expense. We strongly recommend suitable and adequate travel insurance.

 

  1. Images, photographs, maps and information

The photographs in the brochure and information provided represent typical scenes and descriptive detail for each tour, but it is possible that the subject matter may not be seen or experienced whilst on the tour itself. Some pictures may have been digitally enhanced.

 

Maps or tour depictions contained in this brochure or any other brochures issued by Soter Enterprises, are intended as an indication only and should not be relied upon as the actual route taken during the tour. Soter Enterprises are not liable to you for any variation to the tour.

 

  1. Prompt assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these booking conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

 

  1. Amendments to these booking conditions

These booking conditions may be subject to amendment from time to time. Amendments will be posted on the Soter Enterprises website www.xperienceindia.com

 

Published November 2023