Introduction and Scope of Services
for Travellers and Members
Last Updated: 20/08/2023
Carabiner Travel Worldwide Private Limited Under the trade name TourList Holidays, markets and/or coordinates package tours (hereafter for convenience referred to as “Tours”).
You, Client, Customer, or Tour Participant refers to the person(s) whose name is(are) on the booking form and invoice, as well as the person(s) on whose behalf the booking is made. Carabiner Travel Worldwide Private Limited is referred to as We or Company (DBA “TourList Holidays”).
Infant/Child: A person is considered an “Infant” if they are under the age of two. A person is considered a “Child” if they are between the ages of two and twelve. The term “independent contractor” refers to a provider of any infrastructure facility, which includes hotel management, airlines, caterers, restaurants, amusement parks, museums, and other attractions, as well as railway, ferry, cruise, coach, and any other individual or entity that the Company chooses to provide services to the Tour Participant.
The following Terms and Conditions, as well as how to book guidelines, apply to the sale of the Company’s tours, and they shall govern the contract between the Company and the Tour Participant. Nobody, not even the Company’s employees or agents, has the power to change, amend, waive, or modify any of the terms, conditions, or representations outlined in this document. A guarantee of any service or facility provided by a company employee or agent that differs from what is stated in the brochure, price grid, or invoice is also not enforceable against the company in any way. All tours are governed by RBI/GOI laws and regulations. Rights of admission to the tour reserved.
The brochure’s information is accurate to the best of our ability, and it is printed well in advance of the actual travel time. It lists the services and amenities that are typically offered. The availability of services, however, can be impacted by events, circumstances, and factors outside of our control, such as traffic, inclement weather, fairs, festivals, strikes, management changes at hotels and restaurants, closures of hotels and flights, overbooking of hotels and flights, cancellations of flights, rail or roadways, and closures or entry restrictions at tourist attractions. These factors may require a change in routes or itineraries.
It might even be necessary to book accommodations elsewhere than the one listed in the brochure, such as hotels in different cities. Even though we make every effort to uphold our services and adhere to the itinerary in the brochure, there are a few unforeseen circumstances where we reserve the right to change the Tour Package, Itineraries, Tour Schedule, Travel Plan, Sightseeing, etc.
If we learn about the changes or events far enough in advance, we will let you know either during the booking process or before your departure. Otherwise, you will be immediately informed of any changes by our tour manager or a local representative, and we kindly ask for your full cooperation in accepting them. Therefore, no complaints from tour participants regarding any itinerary or service changes that we are forced to make will be taken into consideration either during or after the tour.
AREA OF ACTIVITIES
The business arranges vacations and travel. Regarding the services mentioned in this brochure, we do not own, control, or operate any airlines, cruise lines, railroads, coach companies, hotels, or any other independent contractors or service providers. Although we take great care in choosing all of the suppliers, independent contractors, and service providers for your vacation, we cannot be held liable for any delay, deficiency, or default in the services of such independent contractors, service providers, their management, or staff that results in any injury, death, loss, or property damage, or any other occurrence that does not fall under the purview of our standard selection and inspection process while engaging them. We are also not liable for any delays or deficiencies in services from any independent contractors or service providers that may result from the conduct of a fellow traveller or fellow tour participant and prevent the tour participant from using all of the services listed in the itinerary.
ARRANGEMENTS FOR CHILDREN (UNDER 12 YRS)
Any child under the age of 12 who pays the special “without bed” rate is expressly informed that they will never, under any circumstances, receive a bed in the hotel. The tour operator is not obligated to issue a refund or pay compensation for any changes made by the tour participant on his own while on the trip. The tour participant is required to pay any additional fees associated with any such change in lodging directly to the hotel in question.
Everywhere that meals are provided while on the tour, there are pre-set menus. The brochure makes a clear mention of the meal type. We cannot accommodate requests for a special meal or a particular diet, unlike an airline. We will make an effort to accommodate them, though, if the tour participant requests it when booking and it is possible. However, if circumstances require it, we reserve the right to alter the meal plan. No reimbursement is available when a tour participant skips a meal of his or her choice or because they arrive late or don’t show up at the scheduled meal time.
Depending on the number of passengers, we use air-conditioned or air-cooled luxury coaches, vans, or cars. There are no assigned seats because we operate a daily seat rotation on board our coach. For the journey, appropriate rest stops are planned at regular intervals. There may be restrooms on board the coaches, but these are only for emergencies and should not be used in place of frequent comfort stops or regular rest stops. When the coach is moving, it is forbidden to use the emergency restroom. Alcoholic beverages and other foods and drinks are not permitted in the car. We advise you not to leave any high-value items behind when you leave the coach if you are carrying them, and we will not be held liable or responsible for any theft or robbery of the aforementioned items from the coach. You are solely responsible for your luggage and personal belongings at all times and under all conditions. Under no circumstances will any type of claim be considered for the same.
Airline regulations and baggage weight, size, and piece restrictions apply to tour participants flying. Except for flights to the United States and Canada, where a person is allowed to bring two pieces of checked baggage plus one handbag, the maximum amount of luggage that can be brought on an Economy Class flight is currently 20 kg per person. The tour participant is always and in all situations responsible for their own luggage and personal belongings, and the company is not responsible for their loss while travelling on an airline, cruise ship, coach, or any other mode of transportation. All tour participants are advised to keep their valuables close to them at all times. It is recommended that you use this facility to store valuables wherever there are safe deposit lockers. You should take all necessary measures to safeguard your valuables in hotels and other locations without this facility. For the loss of valuables or for making good on such a loss, the company, any of the carriers used, or its representative(s) will not be liable.
Everywhere in the world, leaving a tip is customary for services received. This is where your tour manager or briefing sheet will be of assistance.
HEALTH AND INSURANCE
If a tour participant has a medical condition that could limit his or her ability to fully enjoy and pursue the tour arrangements as per the itinerary detailed in the brochure, he or she is required to disclose that condition to the company at the time of tour booking. The company reserves the right to request a medical fitness certificate prior to departure in any circumstance where it is warranted. It is strongly advised that Tour Participants purchase adequate insurance coverage to protect their life, health, and property as may be suggested by your insurance agent. This insurance should cover any eventualities connected with your international travel, including health, accidental injury, loss, liability, and the like depending on your assessment of your risk potential. It should be noted that the tour price does not include the insurance premium, and tour participants are advised to speak with their insurance agent directly about their insurance requirements before embarking on the trip and to purchase the recommended coverage at their own expense. Please take note that insurance is the subject of the solicitation. Before deciding on the insurance coverage you want, carefully read the terms and conditions of the insurance document.
Each tour participant must have a valid passport and any necessary travel visas. It will be the tour participant’s responsibility to submit their visa application along with all necessary documentation within the time frame specified by the embassy or consulate, as directed by that body. The booking deposit will be forfeited and no claims of any kind will be considered in the event that the consulate rejects the tour participant’s application for a visa due to insufficient supporting documentation, any other reason, or because the application was submitted late and the visa could not be processed. The tour participant is responsible for paying all fees and expenses associated with the aforementioned visa application. However, if the tour participant is unable to travel on the originally scheduled tour due to a visa rejection or non-processing of the visa application due to any reason, he or she shall have the option to postpone the tour to another date that is available or change to any other tour by paying a transfer fee.
Tours listed in the brochure require a minimum number of paying Participants to participate. The Company reserves the right to modify, combine, alter, vary, or cancel a Tour if participation falls below the minimum required, all without being obligated to provide any form of compensation. The company reserves the right to charge an additional pro-rata amount if it chooses to run the tour with fewer participants than the minimum required.
Following the tour participant’s booking of a tour or holiday that was altered or modified by the company in accordance with its right to do so, the tour participant will have the choice of either:
a) continuing with the tour or holiday as modified or altered or
b) accepting any alternative tour or holiday that the company may offer.
Any consequential loss, damage, or additional expenses incurred by the tour participant will not be covered by the company in either scenario. In the event that the company is unable to conduct a specific tour for whatever reason, and the tour participant is not using either of the aforementioned two options, the company will, at its discretion, refund any money collected toward the tour’s total cost without charging interest after deducting actual costs incurred for retention fees of the foreign suppliers. The tour participant will not have the right to bring up the same complaint in the future.
On any given departure date, we occasionally run more than one group tour. We may change the itinerary slightly or reverse the direction to better suit the comfort and convenience of our tour participants; this will be disclosed either before the tour or during it. Any tour participant who misses all or part of the sightseeing tour or another similar tour due to his own delay, illness, or other excuses will not be eligible to receive a refund.
REGULATIONS FOR TRAVEL
The tour participant must adhere strictly to the itinerary and return to India within the air ticket’s validity. Tour Participants who do not stay with the group the entire time on the tour are not eligible for a refund. It should be noted that for all intents and purposes, it is the tour participant’s responsibility to arrive at the tour’s starting point and register with the company representative at the designated location, date, and time. If the Tour Participant is late for the start of the Tour or loses his or her travel documents or luggage before departing, the Company is not liable or responsible. In this situation, his reservation will be treated as a NO SHOW. The tour participant shall not act in a way that might annoy or upset other tour participants or travellers, endanger or damage the company’s property, the property of other tour participants or travellers, or the property of another person or persons. Each of the booking conditions must stand alone from the others, and the remaining conditions must still be fully enforceable if any of them are found to be void, illegal, or otherwise unenforceable.
The prices listed in the brochure are computed using exchange rates in effect at the time the brochure was printed. Any tour price listed in the brochure may be changed by the company prior to the departure date, and any associated surcharges will be recovered in order to account for currency fluctuations, shifts in the various cross rates of exchange, fuel costs, and interest rates on vacation loans. The Tour Participant is required to pay for any such price increases in full prior to leaving.
The tour brochure, which includes information about the tour, is given to each tour participant. By signing the booking form, the tour participant or his travel agent accepts the terms of the booking, as well as the information in the “How to book” section, not only on his own behalf but also on behalf of each and every tour participant listed therein. It will be assumed that the booking form was signed duly authorised by the tour participant(s) listed on the form when only the travel agent signs it for and on behalf of the tour participant(s). The form must be signed by the head of every family if a tour participant is a member of more than one family listed on it. A contract is formed between the parties upon the execution of the booking form and the issuance of the payment receipt for a portion of the tour’s consideration. The tour participant will be deemed to have accepted all of the terms and conditions contained herein by virtue of signing the booking form. Without giving any justification, the company retains the right to refuse to reserve any person or persons as a participant in any tour. A contract is not formed until the specified non-refundable interest-free booking amount has been received by the company. According to the guidelines outlined in the brochure’s “How to Book” Section, the full payment must be received. The company reserves the right to cancel a reservation and apply the scale of cancellation fees described in the brochure if the payment is not made in accordance with the payment schedule. Any payment made by the tour participant to their travel agent would not be considered a payment to the company until the money was transferred to the company’s account. The Company reserves the right to a) Terminate the contract after accepting the booking fee but before the tour has started, at any time and/or for any reason. After deducting actual expenses incurred on the booking, such as retention fees from international suppliers, the Company may, in the event of contract termination, refund the booking amount to the tour participant without charging interest thereon. b) Modify, change, vary, or cancel any tour, vacation, excursion, or facility it has advertised or published, or replace them with an independent contractor of a comparable calibre if it is thought necessary or advisable. In either scenario, the company disclaims all responsibility for any indirect harm, loss, or additional expenses incurred by the tour participant or any obligation to compensate them. It is hereby declared that the Company’s Managers, including Tour Managers, Employees, Servants, and Agents, but not the Independent Contractors chosen by the Company, shall be entitled to the immunities provided under this contract.
RENDERING OF BOOKING AMOUNT
The Company shall be entitled to retain the nonrefundable interest-free booking amount paid by the tour participant along with the completed booking form for confirmation of the seat(s) on the reserved tour, as well as the scale of cancellation fees detailed in the brochure’s “How To Book” section. In the event that the tour participant a) cancels the reservation or b) does not follow the tour payment schedule outlined in the documentation checklist provided to the tour participant after booking, c) is unable to travel on the tour booked for any reason, including medical reasons, or d) his/her visa of any country(ies) is not granted. The “secure your booking amount” scheme’s regulations will also apply to the forfeiture of the booking amount.
The company reserves the right to choose the amount of the refund that will be given in the event that a tour is cancelled or modified due to a Force Majeure or Vis Majeure event. The amount of the refund would depend on a number of variables, including the number of participants and the cancellation policies of the tour’s suppliers, such as hotels and coach operators. The company’s decision regarding the refund amount would be final and binding on the tour’s participants. The company shall not be responsible for any compensation, damage, additional expense, or consequential loss suffered by the tour participant or to pay any money as a refund to the tour participant in the event that the company exercises its discretion to alter, amend, or cancel any tour advertised in the brochure and the tour participant who has registered for such tour chooses to proceed with the tour as altered or amended or accept any alternative tour that the company may offer. Even in the case of a tour where the payment was made in foreign currency, if any, with or without part payment in Indian rupees, the said refund shall be made only in Indian rupees at the current exchange rate on the date of refund in accordance with existing Rules and Regulations. The company will send Tour Participants a check directly for any refunds (if any) for changes and/or cancellations. Refund processing would take 45 days, and 60 days if tickets have already been distributed. If the Tour Participant does not join the Group at the start of the Tour, does not join the Group on time, or leaves the Group before the Tour is over, there will be no refund. No claim for a refund of unused services will be considered if the tour participant and his family are forced to end the trip due to an event like illness, death, or lost passport. In addition, no refunds will be given for lost, misplaced, or destroyed travel tickets or vouchers, nor will there be any if the tour participants are unable to use any of the services that are included in the tour’s price, such as meals, lodging, excursions, etc.
A cancellation of services reserved for a specific departure results in the Company losing money depending on when the cancellation is communicated to the supplier because we reserve services in advance and are required to honour the payment commitments to service providers. Therefore, any tour participant who cancels a tour booking will be subject to the company’s specified cancellation fees. The terms and conditions of the other Tour Operator, including their payment schedule, cancellation policies, refund policies, etc., shall be applicable in addition to the company’s cancellation policies in the event that the tour participant cancels a third-party tour or service that was booked through the company. Tour participants should inform each other in writing and include a justification for the cancellation. If the Booking Form has been signed by one or more people on their behalf as well as on behalf of others listed on the form, any communication from those signatories will be considered to be a valid request to cancel for everyone listed on the form. Only when the written request was received by the Company at its sales outlet during business hours will the calculation of the period of notice of cancellation begin.
Under no circumstances will the company be responsible for the tour participant’s or his fellow passengers’: 1)Personal injury, illness, accident, loss, death, delay, discomfort, increased expense, consequential loss, and damage on any theft-related basis whatsoever.
2) Any loss or damage to luggage or personal effects, whether temporary or permanent. The phrase “howsoever caused” in this condition includes deliberate negligence on the part of any person.
3) Baggage loss caused by an airline, cruise line, or surface transportation.
4) The airline’s refusal to make accommodations for tour participants even though they have tickets that have been confirmed. 5) For reasons beyond the company’s control, the airline refuses to let tour participants board the aircraft.
6) Loss or damage brought on by events beyond the company’s control (Force Majeure Vis Major). No liability on the part of the Company under this contract for any tour, vacation, or excursion facility shall be greater than the total amount paid or agreed to be paid for such facility and shall under no circumstances include any indirect loss or additional expense.
Let’s say a tour participant has a grievance regarding the work of any independent contractors. In that case, he or she must immediately notify the independent contractor in writing and provide a copy of the notification to the tour manager so that the company can discuss the situation with the independent contractor. Within 28 days of the tour’s conclusion, the tour participant must notify the company in writing of any claim or complaint. After this time, the Company will not be responsible for any complaints or claims that are notified to them.
The courts, forums, and tribunals in New Delhi alone shall have exclusive jurisdiction over all claims and disputes of any kind relating to the tours promoted or coordinated by Carabiner Travel Worldwide Private Limited.
How to Book Your Vacation
HOW TO BOOK
You can schedule your own tour with your own tour consultant or travel agent. Please make all payments to your travel agent or tour consultant if you made your reservation through one of them. They will then pay us on your behalf. You won’t incur any additional costs.
For a period of four days, we will gladly hold your seats on the tour of your choice (Subject to the availability of seats on that tour). You must submit the Booking Form and pay a deposit of US $100 per person (Adult/Child) toward the cost of your tour within 4 days if you want to guarantee your reservations.
RESERVATION AND DEPOSIT
The official booking form, which includes the tour’s booking conditions, must be fully filled out and signed by you. Per party, please complete one booking form. Please enclose a non-refundable deposit in the amount of US $100 per person (Adult/Child) along with the booking form. The cost of the tour would be deducted from the aforementioned deposit amount.
To be able to travel on the Tour, you must be in possession of valid travel documents, such as passports, visas, and tickets for flights that have been confirmed. You must pay for the processing of your travel documents separately and are liable for any delays in obtaining them as well as any related losses that may result. This cost is not included in the tour price. For advice and information, it would be best to check with your travel agent. Please confirm that the processing of your travel documents will be completed in time for your departure.
At least 45 days before the departure of your Tour, balance payments for the cost of your Tour and your Booking Form must be received by us.
You will get your Final Invoice with an official Carabiner Travel Worldwide Private Limited seal once the remaining balance is paid in full. The cost of your travel on the tour will be covered by this invoice. Only after receiving the Booking Form and your balance payment can your final documents be issued. If Full Payments and the Booking Form are not submitted within the allotted time, your final documents will not be issued on time.
Please make sure that the Booking Form and full and final payment arrive at our office 45 days prior to the start of your Tour. Your seat on the Tour would be cancelled if it doesn’t. Then, we will be forced to impose cancellation fees.
Your international travel insurance is not included in the cost of the tour. It is strongly advised that you have sufficient insurance coverage to protect your life, health, and property, as may be suggested by your insurance agent to address any potential issues during your international travel. Prior to receiving your booking confirmation, you might be required to give us a copy of this insurance coverage.
You must present your Final Invoice/Voucher to the Tour Manager or Local Representative on the first day of the Tour in order to be allowed to travel on the Tour. If you do not have the final invoice/voucher, no services will be rendered.
You have access to special rates for pre- and post-tour lodging and add-on packages. Make sure to request the same when booking your tour with your travel agent or tour consultant.
Transferring from one tour to another will be regarded as cancelling the first tour and making a new reservation on the second. As a result, cancellation fees will be assessed.
If unforeseen circumstances force you to cancel your Tour, you must notify us in writing. The following cancellation fees must be charged in accordance with the tour’s booking conditions.
|WHEN A CANCELLATION IS MADE||CHARGES|
|45 days or more prior to the departure of the Tour or for non-payment of the Balance amount||USD 400|
|44 to 15 days prior to the departure of the Tour||50% of the Tour cost|
|14 to 04 days prior to the departure of the Tour||75% of the Tour cost|
|03 days prior to the departure of the Tour or in case you are a “No Show” on the Tour||100% of the Tour cost|
Any Tour may be cancelled by Carabiner Travel Worldwide Private Limited prior to departure without providing a reason. In this case, we will schedule the traveller for a different tour date. If the alternative tour date is unsuitable, we will refund all of your money; however, no compensation is due. Any fees or costs associated with the purchase, use, or cancellation of air tickets or other arrangements not made through Carabiner Travel Worldwide Private Limited are not the responsibility of Carabiner Travel Worldwide Private Limited. Additionally, the Company shall have the right to assert service and communication fees against Third-Party Service Providers.
Carabiner Travel Worldwide Private Limited will pay you directly for refunds (if any) for changes and/or cancellations. Refund processing would take at least 45 days. Refunds are not available for any unused services (e.g. Meals, Entrance Fees, Optional excursions, Hotels, Cruises etc).
Links to Third-Party Sites
Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by TourList of the content of such linked websites or third-party services. TourList has no control over the content of any linked website and is not responsible for these websites or their content or availability. TourList makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from a such third party and/or make any donations to a such third party, you do so entirely at your own risk. TourList accepts no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Fortunately, complaints are few and far between. However, should you have a complaint, please contact TourList’s customer service (email and phone) within 60 days of return from your tour. A consumer may also bring proceedings in the courts of the country in which the consumer is domiciled. However, the consumer agrees that complaints not received within 60 days from the return date of your tour will be barred.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
The commercial relationships that TourList has with the Operators are governed by separate agreements. Operators may have, declare applicably or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).
TourList reserve the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post-change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.