All holidays are subject to availability. When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions.
All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract. A confirmation or booking of a travel shall be in writing (by email) with the tour operator. Any special agreements/ arrangement as well as additional requirements shall be called a confirmation only if received in writing.
Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions.
It is important that you accurately fill in your personal information. If the communication is not via email, then all all documents, notices and other information relating to your holiday will be sent to the address you provide. It is your responsibility to ensure that the details which you supply to us are correct.
You will be notified at the time of booking of the price of your holiday. The invoice / booking confirmation will be sent via email. If no e-mail address should be present the documents will be sent by fax or by post. You are required to make the payment as per terms mentioned therein. Else you are required to pay us 20% of the price after receiving the travel confirmation.Unless you are making a late booking, the balance owing must be paid to us no later than 30 days before your date of departure. If we do not receive the balance by this time then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 3.2).
We accept cheques, bank transfers and credit or debit card. However, due to the fee levied on us by the card companies, a charge will be made on credit card payments. If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of €25 per booking. An administration charge also applies to any changes carried out by us at your request (see paragraph 3.1).
The prices quoted in our brochures, on our website or in our publicity and promotions from time to time are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in EURO.
We guarantee the price of your holiday stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel), dues, taxes, landing taxes or embarkation or disembarkation fees at ports and airports or fluctuations in the exchange rate. We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your holiday.
Our holiday price does not normally include:
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.
During peak periods such as Christmas and Easter when demand outstrips the supply of airline seats and accommodation, you may find that supplements are added to the cost of your holiday. The supplements may be for certain holiday departures and/or accommodation on specific dates. They do not necessarily indicate that additional services such as Gala dinners will be provided. The cost of these supplements will be quoted to you at the time of booking.
Where you are or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing a reasonable time prior to your due date of departure.
If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. On some occasions, if members of a group booking withdraw, there are fixed costs which mean the remaining travelling party must pay more per person. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
In each of the above circumstances, an administration charge will be payable of €30 per person where your request is received by us 60 days or more prior to your date of departure and €50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable. However if an air ticket has already been issued and the flight cannot be changed to another name then the full cost of that ticket will be due.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the lead name to do so.
Our cancellation charges will apply (see the table ‘cancellation charges’ below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. We can recommend suitable insurers. For further details please refer to paragraph 8.
Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price)
60 days or more Deposit only
29 – 22 days 30 %
21 – 15 days 45 %
14 days before travel begin 65%6 days or less 85%
We will take reasonable care to deliver the holiday which we are contracted to provide to you. As we put in place the arrangements necessary to enable us to offer our range of holidays many months in advance, we may occasionally have to make changes and reserve the right to do so at any time.
Our obligation to you depends on whether the changes are considered ‘minor’ or ‘major’. A ‘major’ change is one which results in a significant alteration to the essential terms of the contract between us.
‘Major’ changes include:
• your departure airport
• your city/resort/place of destination
• your accommodation (except on tours) to a lower star grading
• your scheduled departure time from your country or the duration of your holiday by more than12 hours (excluding delays outside of our control following check-in).
A minor change is any other change which is not a major change. We will try to tell you as soon as reasonably possible prior to your due departure date about any minor changes, although we are not obliged to do so. We are not obliged to compensate you for any ‘minor’ changes made.
If we have to make a ‘major’ change we will notify you as soon as possible and you will have one of the following options:
• to agree the changes and accept their impact (including any on price)
• to transfer to another holiday offered by us (subject to availability) of equivalent or superior quality
• to transfer to another holiday offered by us (subject to availability) of lower quality and receive a refund for any difference in price
• to cancel your holiday and receive a refund of all monies paid by you to us (including all deposits and administration charges)
If we have to make a ‘major’ change or cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will additionally pay to you the following sum by way of compensation:
Number of days before due date of departure that notification of a major change or cancellation by us is received. Compensation payable by us (per person named in our booking confirmation or transfer accepted by us):
28 – 15 days €25
14 – 8 days €45
7 – 0 days €60
We will try to tell you of any changes as soon as possible prior to your due departure date, although we are not obliged to do so. We are not obliged to compensate you. However, in the event that we are forced to cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will refund to you the full price paid by you for your holiday.
We will not pay compensation or accept any liability where any change is due to circumstances outside of our reasonable control, including (without limitation) any strikes, lock-outs or other industrial action; labour disputes; acts of God; war; riot; civil commotion; malicious damage; compliance with any law or governmental order, rule regulation or direction; impossibility of the use of any means of public or private transport or any action of any government or regulatory body; accident; break-down of plant and machinery; fire; flood or storm; other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation; flight delays; other matters affecting air traffic control (including failure of equipment, systems and software); siege; acts of terrorism; police or security alerts or precautionary measures taken.
i. We will take reasonable skill and care in performing our contractual obligations and if we or our agents or suppliers fail to use reasonable skill and care or are negligent and you are able to prove we have caused you loss or damage, we may, subject to these Terms & Conditions, accept responsibility for compensating you by offering alternative arrangement at no extra cost to you.
ii. If you feel that any part of your holiday arrangements is not provided as promised, you must, as soon as possible, notify the local representative or tour manager or the hotel management as soon as possible. You must provide us with details in writing at the earliest opportunity. We are not bound to any such comments 25 days after completion of the travel.
iii. Where, as a result of our failure to properly perform our obligations, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on holiday through us we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you. Our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.
iv. Our liability in all cases shall be limited to a maximum of the total cost of your holiday (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties with whom you may have made any bookings or arrangements direct.
v. None of the provisions of this paragraph 5(a) shall have the effect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your holiday directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, agents or suppliers whilst acting within our authority or instructions in the performance of our contractual obligations to you. We do not accept any responsibility for death, injury or illness caused by any act or omission whether of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct or any cause which we could not reasonably prevent.
vi. We are not liable to you where our failure or the improper performance of any of our obligations to you is due to:
• any fault or failure of you or of any member of your party
• any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable
• circumstances beyond our or beyond our suppliers’ reasonable control (which circumstances are without limitation described in paragraph 4(c)) although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party.
vii. In respect of travel by air, sea and rail and the provision of accommodation, our liability is additionally limited in the manner provided by the relevant International Conventions (see paragraph headed ‘application of other terms and conditions’) which you agree are incorporated into these Terms & Conditions.
viii. You should note that any acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances by any of our suppliers or pursuant to a policy of insurance.
ix. Our suppliers and our local representatives are instructed not to act as our agents in booking any alternative activities other than those approved and offered by us and which you have purchased directly from us. Any assistance they may offer at your request in relation to such activities does not imply they have acted as our agent or with our authority or approval. We are not responsible for such activities and have no liability to you in respect of any of them.
If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.
(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet requirements.
(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability.
(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of holiday if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in your home countryor in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.
(d) Despite our best endeavours to ensure your holiday runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the hotel, lodge or camp you are staying at, then please contact (where applicable) our local representatives. If they cannot be reached, please contact us on our 24-hour emergency number (+49 (0)72 63398) Please remember that we will be unable to help if you only mention the issue on your return from holiday. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note). If you cannot make contact, please ring us and we will attempt to reach them.
(e) Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our best to ensure that the holiday goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.
If you have a problem during your holiday, please immediately inform the relevant hotel or tour manager , who will endeavour to put things right. It is unreasonable and in breach of your contractual obligations to us to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to us in writing to arrive within 25 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to local service providers without delay and complete a report form while on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
You must be fully insured for your holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your holiday, emergency evacuation and repatriation costs in respect of all of your activities. Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption. This can be taken out as an add-on to some travel insurance policies or as stand-alone cover.
Our Terms & Conditions are updated from time to time. The terms and conditions which will apply to your holiday are those on our website at the time of booking. There may be additional terms and conditions which apply to our special offers, promotions and discounts from time to time. These will be notified to you at the time of booking should you inform us that you would like to take advantage of them
By proceeding with any booking, you confirm you have read and agreed to our Terms & Conditions. Date of issue: October 2015.
These terms and conditions, together with the terms set out in the Booking Form and any further terms and conditions notified to you by us prior to your entering into a contract with us, including any terms and conditions in our brochures or on our website which are relevant to your booking and any other terms which we both otherwise agree will be binding on TreasuresofIndia and you once a contract is made between us (Our Terms). A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate, for example where you are making a ‘late booking’) and we have issued you with our booking confirmation. Our contract with you is also subject to any air carriers’ terms and conditions of carriage which you agree will be deemed incorporated in our contract. You should read these terms and conditions carefully. You should note in particular the content of paragraph 5: ‘our liability to you’, which contains certain limitations and exclusions. If any part of Our Terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
The contract between us will be governed by the German Civil Law and any dispute will be resolved exclusively by the German courts. Our Terms do not affect your statutory rights.