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Disclaimer

DEFINITIONS

“You means the person / s in whose name and / or whose behalf the Booking is made. Alternatively, the reference may be made in the third person as “Tour Participant” / “They” / “Client” / “Them” / “His” / “Her”.

“We” / “Us” / “Company” means Escapar Holidays Private Limited.

“Infant” / “Child” mean respectively a person below the age of two years and a person more than the age of two and below the age of twelve year.

“Website” means www.escapar.in

“Supplier” means the service provider who can be tour operator, Hotelier / Hotel owner, Owner of any airlines or shipping company or Railway, Ferry boat owner/Operator/ Coach Owner / Operator, or any other person or organization who have been selected by the company to render services to the client.

 

PRODUCTS AND SUPPLIERS

We sell a variety of travel related products from different suppliers and service providers (“Suppliers”). Each Supplier might have its own terms and conditions including their payment schedule .These are mentioned separately with every package. You should make sure you understand them. By booking any product from our website you confirm to agree both (ours and suppliers) terms and conditions.

Escapar Holidays Pvt Ltd is acting as intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.).

As we do not control or operate any airline, neither do we own or control any shipping company, coach or coach company, Hotel, Transport or any other facility or service mentioned . We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.

We cannot be responsible for mechanical fault or any injury, death, loss or damage which is caused by the act or default of the management or employees of any hoteliers, airlines, shipping company, coach owner/ Transport operator who are the company’s independent contractors arising outside our normal selection and inspection process.

CANCELLATIONS-

Cancellation policies may vary as per package. Please refer respective terms and conditions mentioned in each package.

Please note Cancellation / Amendment request needs to reach us in writing. Any amendment received after booking will be treated as cancellation.

REFUNDS

Refunds (If any) for amendments and / or cancellations will be paid you for bookings made directly with the company’s office and also bookings made online. It would take at least 30 working days to process refunds. There is no refunds payable for any unutilized or partially utilized services (e.g. Airline tickets, Meals, Entrance Fees, Optional Tour, Hotel, Sightseeing etc.) The refund for the foreign exchange component of the tour will be refunded in INR only and will be at the prevailing day’s rate of exchanges of the company. Third Party refund i.e. airlines, cruise, overseas suppliers could take between “30 to 90 working days”, provided relevant supporting are provided to the Company.
If a tour is cancelled by the Company, then all monies will be refunded after taking into consideration the actual expenses incurred for Visas, etc

WEBSITE INFORMATION

We take reasonable care in updating the website, price grid, web pages and other documents and in describing the services therein. However, we are not liable for any typographical error.

Furthermore as content of website may not always be fully updated. We therefore ask you to confirm the current information by contacting us. Please note that the itinerary may have changed. The products and services displayed may have changed. We reserve the right, at its sole discretion, to modify the Services on our website at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

The photos of meals / sightseeing / properties are for reference only and may differ from the actual meals / sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes. Hotels may have to be booked far off from the central place

ONLINE BOOKING

You can purchase our services from us through our website and through our outlet .Our website provides the facility of making online booking of tours and services. However, we cannot give any guarantee or warranty with respect to the website booking engine which could malfunction due to well-known reasons including software or network errors. We have incorporated all modern protection technologies to ensure that information concerning you or your payments is kept secure and confidential.

PLEASE ENSURE YOU READ TERMS AND CONDITIONS and DISCLAIMER CAREFULLY BEFORE BOOKING THE TOUR ONLINE. AS YOU WILL BE BOUND BY THEM.

Further, you will also need to send us a hard copy of the said signed Terms and Conditions confirming that you have read, understood and accepted the Terms and Conditions and other applicable documents including Brochure and / or, Itinerary and / or Price Grid and / or promotion booklet etc.

There is no Contract between the Company and the Client until the company has received signed Terms and Conditions and disclaimer and deposit amount. We would also require a copy of the first two pages and last two pages of your passport which show the date of your passport, place and date of issue and expiry, amongst other documentation. The Company reserves the right to decline to register any person / s for any tour or to cancel their registration without assigning any reason.

 

CONDITIONS OF TRAVEL:

a) The Client will have to strictly follow the Tour Program and return to India as per the tour itinerary. There shall be no refund, if the client fails to join the group at the commencement of the tour, or joins the group later or leaves the group before culmination of the tour. It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time.
b) In case if a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of unutilized services.
c) Even if a client is unable to reach the place of commencement of the tour due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as “no show” on the tour and 100% cancellation charges will be levied.
d) If a client avails pre – tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre – tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.
e) The Company, reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and the Company shall be under no liability to any such person. It is hereby declared that the immunities provided under this contract shall be available to the Company’s Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the Company.
f) Each of these conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect. No liability on the part of the Company arising in any way out of the Contract in respect of any tour, holiday, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
g) The prices quoted in this brochure have been calculated at the rate prevailing at the time of printing of this brochure. The Company reserves the right to amend the prices published in this brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/or fuel costs, special/high season charge levied by the suppliers, hike in the airline/rail/Visa charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the Departure by the Client.
h) If you book with your own travel agent and your booking with that agent includes, but is not limited to Escapar Holidays arrangements, your contract is with your travel agent and Escapar Holidays is simply an agent to your travel agent.
i) In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance of the contrary is published.
j) The company shall in no circumstances whatsoever be liable to the client for:
i) Any over stay expenses due to delay or changes in bus/ air/ trains / ship/ or cancellation of special bogie or other services due to sickness, weather conditions, strike, war or any other cause whatsoever.
ii) Sightseeing missed & / or program being cancelled after the commencement of the tour & before the due period due to any unavoidable situations which are beyond our control.
iii) Any Loss/Damage of baggage by the Airlines/Hotels/Coach/Cruise.
k) In the case of one or more but not all passengers signing ‘Booking Form’ it shall be deemed that others have duly authorized concerned signing passenger/(s)
l) Initial deposit just ensures only registration/participation on the tour but does not entitle any services like Tickets, Visas, and Hotel Accommodation until full payment has been received.
m) We cannot endow with individual aid to any of the tour member for walking, dinning, getting on & off from any of the transport vehicle or other personal needs. So it is indispensable that a qualified companion must accompany such traveler who needs such assistance. In the absence thereof, such traveler will be joining the tour on his own risk and consequences.
n) The client/Traveler must have his/her passport valid for at least 6 months subsequent to such departure date.
o) Company solely reserves the right to publish group photographs of the passengers taken during the tour.
p) Distance, temperature & pre/post tour accommodation prices given in the Brochure are approximate & are subject to change.
q) Photo of meals & sightseeing published in the Brochure are only for reference & may change from actual meals served/ sights.
r) In case company offers any adventures activities then it is significant to note that all the passengers should enjoy such activity/ ride at their own risk as such kind of adventure might be risky at times especially for heart patients, expecting women, people with Blood Pressure etc.

 

HEALTH AND SAFETY

The Company shall in no circumstances whatsoever will be liable to the Client or any person traveling for:

  1. Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any misadventure howsoever caused
  2. Any act, omission, default or Independent Contractor or other person or be any servant or agent , employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facilities or service for the Client or for any person travelling with him howsoever caused.
  3. The temporary or permanent loss of or damage to baggage or personal effects howsoever caused In this condition the expression “Howsoever caused” includes negligence on the part of any person.
  4. No liability on the part of the Company arising in any way out of this Contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.
  5. The Client agrees and acknowledges that they consent to participate in the excursion activities (boat rides, ferry rides, snorkeling etc. which is included in the tour) without any obligation from the Company. Client confirms that he/she is medically fit to participate in all activities involved in excursion activities & fully accept my personal responsibility of my safety

THE COMPANY shall not be liable for any physical injury or loss of life caused to the Client due to such participation.

 

COMPLAINTS

If the Client has any complaint in respect of the services provided by any of the Independent Contractors, the Client shall immediately notify the same in writing to the Independent Supplier and a copy thereof should be handed over to the Tour Manager of the Company in order to enable the Company to take up the matter with the Supplier so that in future other Clients do not face the same difficulty.

Any claim or complaint by the Client must be notified to the Company in writing within 28 days of the end of this holiday tour. No claim notified to this Company beyond this period will be entertained and the Company shall incur no liability whatsoever in respect thereof.

8) It is hereby declared that the immunities provided under this Contract shall be available to the Company’s managers, including Tour managers, employees, servants and agents but not to the Independent Contractors selected by the Company.

9) Each of this condition shall be severable from the other end if any provision be invalid, illegal or unenforceable. The remaining provisions shall nevertheless have full force and effect.

 

ITINERARY MAY CHANGE AT ANY TIME

We/Supplier reserve the right to alter, amend, change or modify the tour package and itineraries before or during the tour. We will make reasonable efforts to notify you promptly of such changes / events sufficiently in advance during booking or prior to departure of the tour. If such changes / events occur during the tour, our supplier/representative will inform you of the changes on the spot and we solicit your full co – operation in accepting such circumstantial changes. Therefore, no grievance regarding any itinerary / service change which we are constrained to make, will be entertained from the tour participants during or after the tour. Please note that promotional offers may have different terms and conditions which will be in addition to these terms and conditions and the requirements of the booking deposits, payments, deadlines and mode of payment may be defined in such promotions which will be over and above these terms and conditions. Such changes may be necessitated due to factors beyond our control such as Force Majeure events, strikes, fairs, festivals, sport events, weather conditions, traffic problems, overbooking of hotels / flights, cancellation / re-routing of flights or railway, closure of / restricted entry at a place of sightseeing etc. Generally, we try to avoid dates when big Fairs, Exhibitions, Olympics etc. and other events are held in certain cities as hotels are fully booked several years ahead. If you have to travel on such dates, you may have to stay in alternate hotels or hotels in other cities.

We/Supplier will make reasonable efforts to keep the overall package of services unchanged. However, we shall not be liable to refund any amount or pay any compensation / damages on account of any change in itinerary. In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, we may charge extra for the same at the time of booking or in the course of the tour.

 

HOTELS

The Company selects hotels for your stay at locations, which give comfort and value for money. For various reasons, such as reducing the overall traveling time on the coach for the following day, the hotels may be chosen away from the city centre. Unlike other countries, most hotels in Europe do not have air conditioners or fans. Modern facilities such as attached toilets with showers / bathtubs are provided. We cannot guarantee the availability of adjoining rooms / interconnecting rooms / non-smoking room / rooms on the same floor etc. Hotels in Europe may / may not have room service facilities. The check in time is usually 2 p.m. and check out time is usually 11 a.m. In Australia, the check in time is 12 noon and the check out time is 10 a.m. In certain hotels like Genting Resorts, though the check in time is 2:00 pm, you may have to wait for some hours till the rooms are cleared. The same is subject to change from time to time. If you seek a change in rooming while on a tour, the same will be subject to availability and you will need to pay any additional charges as may be applicable. Please note that hotels in Europe and Far East can have exceptionally small rooms unlike what you may have experienced in other countries.

 

AIRLINE

The Company shall, in no circumstances whatsoever be liable to the client or any person traveling with him for Loss of Baggage by the Airline, Failure to provide meal of the clients choice by the Airline, Overbooking of seats by the Airline, Failure on the part of Airline to accommodate client despite having confirmed tickets, Meals offered by the airline/Quality of meal, Flight delay, if the client misses the flight, Changes of flight schedule/routing/airline mentioned at the time of booking. In this condition the expression ‘howsoever cause’ includes willful negligence on the part of any person. If in the event that the client is booked on a particular Airline on a particular date and due to certain reasons beyond the control of the Company, the client is not allowed to board the flight, the client shall not hold the Company responsible for the same and no claim whatsoever can be made by the client against the Company.
Airport taxes / Airport Development Fee as applicable to be paid over & above the Tour Cost should there be a rise post the printing of the brochure.
All the booking / cancellation / change of the airline ticket and the travel on such airline ticket will be subject to the terms and conditions of respective Airlines and the same may be provided to the client by the company upon request, if available.

 

LOSS/DAMAGE

Company is not responsible for any loss or damage to personal belongings during the stay in the hotel or while traveling in the coach. Due to theft or loss of baggage, tour participant can lodge a complaint with the local authorities on his/her sole discretion, cost, risk and consequences.

FORCE MAJEURE

Acts of god (including exceptional adverse weather conditions), earthquake, fire , war (declared or undeclared), invasion, rebellion, revolt, riot, civil commotion, civil war, nuclear fission, strike, act(s) of omission/commission by any concerned government(s), or government agencies, judicial or quasijudicial authorities, occurrence of any event can force the Company to change or extended. Hence any additional expenditure occurred due to the above reasons the same will be borne by the passengers.

CANCELLATION DUE TO VISA REJECTION

All the clients travelling with Escapar Holiday tour must be in possession of a valid visa. However kindly note that it is entirely at the discretion of the concerned Consulate / Authorities to grant / reject visa even after submitting all relevant documents and the company will not be held responsible for the same. The company is not at all liable for such cases or has any influence on the consulate/embassy’s decision The role of the company is only to provide necessary guidance to the client for the purpose of applying for VISA. The company will not be responsible for non-issuance of visa due to receipt of incomplete / delayed documents from the Clients. It is a possibility that the consulate may ask the passengers to appear for a personal interview. This is at the sole discretion of the Consulate / Authorities. If the required documents are not submitted by the client, the issuance of visa will further be delayed/rejected, and the client will not hold Escapar Holidays liable for the same. Client should adhere to all the norms and conditions laid by the consulate/embassy
Upon rejection of visa, if the client wishes to reapply for the visa, he/she is liable to pay again the requisite fee to the consulate and he/she will not claim from Escapar Holidays.

Upon rejection of visa client has to go through regular cancellation procedure as per the tour terms and conditions.

INSURANCE

Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.

iNDEMNIFICATION

You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

PRIVACY OF INFORMATION

We treat all the information furnished by you as confidential and will share only the necessary information with airline, hotels and other service providers who will provide the services to you during your tour. However we may be constrained to disclose the information furnished by you, if such disclosure is required by the law or by an order of a court or the rules, regulations or enquiry by any government / statutory agency having regulatory authority over the Company.