General Business Conditions
The purchase of any travel services offered by Norikin Ventures LLP (the “Firm”, “We” or “Us”), doing business as Infinite Escapes Adventure Travels, constitutes a contractual arrangement between the customer (“You” or “Your”) and the Firm and represents –
Your acceptance of the terms and conditions set out herein.
Notwithstanding the foregoing, any provision in these General Terms and Conditions that states that it is operative by Your use of the Website (as defined below) shall govern your use of the Website, and if you do not agree to such terms, you must not use the Website.
We at the Firm believe in serving our clients with sincerity and honesty and therefore, You can contact us via telephone or write to us with your queries and we will be delighted to answer any query that You may have or provide any clarification that You may seek.
1. Tour Contract
1.1 Travel Confirmation
1.1.1. On initiating a booking with Norikin Ventures LLP (the “Firm”), the customer (“You”), will receive a travel confirmation from our travel consultant. This travel confirmation will include all details of your travel arrangements and may also contain additional terms and conditions issued by the Firm or policy statements along with an invoice for the trip, in addition to a booking form sent by the Firm to You.
1.1.2. Once You confirm the booking, thereby accepting the travel confirmation, the contract shall come in to effect (“Tour Contract”).
1.1.3. You shall be bound by the terms of the Tour Contract as well as these General Business Conditions (“Conditions”) and any additional terms that are set out in the travel confirmation.
1.2 Mode of Confirmation
You may confirm a booking by completing and submitting the online booking form provided to You with the travel confirmation.
1.3 Confirmation on behalf of other travelers
1.3.1. You may also confirm a booking on behalf of all the travelers listed in the Tour Contract, for whom You will then take the contractual responsibility just as for yourself.
1.3.2. In such cases, it shall be deemed that You are authorized to accept the travel confirmation on behalf of all those travelers and any and all such other people shall also be bound by the terms and conditions enumerated in the Tour Contract, these Conditions and any additional terms that are set out by the Firm in the travel confirmation.
2.1 Tour Price
2.1.1. The Firm will send You a travel confirmation along with an invoice for the trip, which shall become effective once You confirm the booking.
2.1.2. The invoice shall contain details of the costs associated with the tour (“Tour Price”) which shall include the cost of the products and services You will be availing of during your travel/holiday, other related expenses and all applicable taxes.
2.1.3. The Firm may either send the confirmation to You by email, post or facsimile depending on your preference at the time of booking and You shall make payments on following schedule, and through the method of payment indicated in the Tour Contract:
18.104.22.168. On receipt of the travel confirmation and invoice from the Firm, the entire amount, i.e., hundred percent (100%) of the total invoiced price of the trip must be paid as an advance to confirm the booking.
2.2 Delivery of Relevant Travel Documents by the Firm
Upon receiving the final payment, the Firm will send You all the hotel vouchers and other travel documents for the booked and paid tour.
2.3 Revision of Prices; Exchange Rates
2.3.1. It is possible that the prices quoted in the invoice accompanying the travel confirmation are required to be revised due to an error or miscalculation – human or technical. In such an event, the Firm may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.
2.3.2. Please also note that the estimated prices of travel itineraries mentioned on the Firm website(s) at www.InfiniteEscapes.com or any other websites owned and operated by the Firm (“Firm Website(s)”) are subject to change.
2.3.3. It is clarified that the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once You accept the travel confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies.
3.1 Details of Services Provided
The Firm agrees to provide to You the services that are mentioned in the service description as part of the trip proposal. The details related to such services shall be given in the travel confirmation.
3.2 Applicability of Local Laws to the Services provided
In addition, all the tours and services provided by the Firm are subject to the enacted laws, rules and regulations of the Governments of the countries of travel and the Firm is thus bound to operate as per the prevailing regulations, permissions and sanctions that are granted for such tours and services.
Change in Tour Contract by the Firm
4. Change in Tour Contract by the Firm
4.1 Right to Change in Services
4.1.1. The Firm reserves the right to modify, change, alter, amend or deviate from the tour services mentioned in the travel confirmation after your acceptance of the Tour Contract but before the commencement of the tour.
4.1.2. These changes may be carried out by the Firm on account of cancellation of certain bookings and reservations by third party service providers, non-availability of certain features, packages or other services requested by You, or the inability and incapacity of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or on account of any unforeseen and unpredictable circumstances.
4.1.3. The Firm will make a reasonable effort to notify You of such developments in advance of your tour.
4.1.4. The Firm, however, assures You that the changes made as a consequence of these aforementioned events, will be effected in good faith keeping in mind your interests and preferences and will be in line with the overall plan of the tour.
4.1.5. If required, the Firm may at its sole discretion offer You the option to either a change in booking at no extra cost or in the event of any material change to the tour as a result of the above, cancellation of the entire tour package.
4.2 The ‘New Tour Contract’
If You choose to continue with the altered/modified/changed itinerary as provided in clause 4.1.5 hereinabove, the Firm shall draw up a new travel confirmation incorporating the changes. In addition, if availing of the alternate services requires You to make any additional or further payments, the Firm shall also issue a new invoice incorporating such changes.
4.3 Acceptance of the ‘New Tour Contract’
4.3.1. You are not under an obligation to accept the altered/modified/changed travel confirmation.
4.3.2. Should You choose to accept the altered/modified/changed travel confirmation and the revised charges associated therewith, the new ‘Tour Contract’ and the new invoice shall replace the old Tour Contract and invoice, and will be the contract that binds You.
4.3.3. You may choose to terminate the original Tour Contract and not accept the new contract, in which case You will be entitled to a refund of the costs already tendered by You to the Firm after deduction of all rightful and lawful service, consultancy and advisory charges including all expenses incurred by the Firm in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.
Cancellations, Changes to Booking and Refunds
5. Cancellations, changes to booking and applicable charges and refunds
5.1 Cancellation of or Changes to the Tour Contract by You
5.1.1. You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Firm, subject to the cancellation policy provided in clause 5.2 below.
5.1.2. The date of cancellation or change is the date on which the Firm receives notice of your cancellation or change request.
5.1.3. It is clarified that any alterations to the tour requested by you, including advancements or postponements of tour dates, shall constitute a change to the tour and will be subject to the cancellation policy in clause 5.2 below to the extent of the changes only.
5.2 Charges relating to Cancellation or Change
5.2.1. All refunds in the event of cancellation or change of a Tour Contract shall be subject to the cancellation charges as follows:
For Half-day and Full-day tours:
- For Cancellations 7 or more days prior to the start date of the tour: 100% of the value of the tour will be refunded
- For Cancellations less than 7 days prior to the start date of the tour: 100% of the value of the tour will be charged
- For cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the trip) 100% of the total value of the tour will be charged
For Multi-day tours:
- For cancellations made more than 90 days prior to the start date of the tour: 100% of the value of the tour will be refunded
- For cancellations made 61 to 90 days prior to the start date of the tour: 25% of the value of the tour will be charged
- For cancellations made 31 to 60 days prior to the start date of the tour: 50% of the value of the tour will be charged
- For cancellations less than 31 days prior to the start date of the tour: 100% of the value of the tour will be charged
- For cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the trip) 100% of the total value of the tour will be charged
5.2.2. The cancellation of or changes to international and domestic flights booked by the Firm as part of your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges must be borne fully by You.
5.3 Disbursement of Refund Amount
The Firm shall disburse any applicable refund amount within thirty (30) days of the receipt of the request/instruction to cancel or change the tour.
Cancellation or Change due to Circumstances Beyond Control of the Firm
6. Cancellation or Change of the Tour Contract due to Circumstances Beyond Control of the Firm
The Firm shall not be responsible to You for any loss, injury or damage to person, property, changes in tour itinerary, or otherwise in connection with any accommodation, transportation or other services, resulting – directly or indirectly – from any Act of God, dangers, weather conditions, volcanoes, floods, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferages, epidemics, medical or custom department regulations, defaults, exigencies or any other causes beyond our control (“Force Majeure Event”). Either You or the Firm may choose to terminate the Tour Contract due to any Force Majeure Event. On termination of the Tour Contract as specified in this clause, the Firm shall, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on You by the Firm during the tour and any other non-refundable fees and charges. However, please note that the Firm shall not be obligated to and does not guarantee that You shall receive a refund. You shall be liable to pay costs for the services and products utilized until the date of termination. In the event of termination due to a Force Majeure Event, the Firm shall not be liable to pay any compensation, interest or damages to You. The Firm has the obligation to take reasonable measures to bring You back to your origin if the Tour Contract includes a return journey. However, any additional costs for the return journey must be borne solely by You. In case of a Force Majeure Event, the Firm reserves the right to change / modify / vary / alter the tour itinerary and/ or Tour Price accordingly. Any such change shall be intimated to You, prior to the start of the tour or on tour, as the case may be. Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the tour, You shall not be entitled to any refunds from the Firm for limitation and/or non- availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in tour itinerary.
Liability of the Firm for Third Party Acts
7. Liability of the Firm for third party acts
The Firm takes no responsibility for and the Firm is not liable for, any loss of life/limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party not associated with or engaged by us. In addition, we also take no responsibility for any act or omission of any of your co-travelers, if it results in any injury, damage, danger to the life/limb or property, delay or hardships to You.
Guarantee and Financial Protection
8. Guarantee and Financial Protection
8.1 Remedial Measures
If the Firm fails to perform its promises substantially in accordance with the Tour Contract, You are entitled to request the Firm to remedy the deficiency in services. If the Firm fails to remedy a material breach of the Tour Contract, You may terminate the Tour Contract as provided below. However, the Firm can refuse to undertake remedial measures if it entails disproportionate, additional or anticipated expense and/or damages.
8.2 Termination of the contract by You for breach by the Firm
If the tour is hampered significantly due to a deficiency of service on the part of the Firm and the Firm does not offer any remedial measure within a reasonable period of time, then You can terminate the Tour Contract in accordance with these Conditions through a written notice to the Firm. However, in such a situation, You are bound to pay the Firm the portion of the Tour Price for such services that You have already availed of.
Limitation of Liability
9. Limitation of liability
9.1 The contractual liability of the Firm for damages is limited to the Tour Price paid by You as of the date on any claim brought by You against the Firm, subject to clauses 5 and 6 above and applicable law.
9.2 A claim for damage compensation against the Firm is restricted insofar as a claim for damage compensation can be made against the service provider only under certain preconditions or is excluded under certain preconditions due to applicable contractual or legal regulations, which are applicable to the services provided by the service provider.
Obligation to Cooperate
10. Obligation to cooperate
10.1 Cooperation with third party service providers
10.1.1. You must at all times cooperate with the personnel of third party service providers, airlines staff, hotel staff, adventure activities instructors, tour guides, the local tour management etc. during your holiday/trip within the framework of legal regulations.
10.1.2. You shall also co-operate and assist them to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
10.1.3. If You have any complaints or grievances in this regard, You must immediately inform the Firm, who shall take necessary action for salvaging the situation at its sole discretion.
10.2 Transactions entered into by You as an individual
10.2.1. In addition, You alone are responsible for all the transactions and purchases made by You on your holiday and the Firm shall not be liable for any of them unless they are made through the Firm.
10.2.2. The Firm will also not censor, screen or otherwise control any of these transactions and evaluate whether these transactions are legal and valid as per the law of the country You are a citizen of or reside in.
10.2.3. All these are your sole responsibility and You alone shall bear any associated liability.
10.3 Compliance with applicable laws
10.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state or locality You visit as part of a tour.
10.3.2. In the event of any violation, non-observance or breach of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit, You alone shall be liable for any acts or omissions that attract any prosecution, penalties or any other disadvantage, the Firm shall bear no responsibility nor be liable in any manner for these.
10.4 Accuracy of Information provided by You
You shall also provide the Firm only accurate and valid information while requesting for any services under these Conditions, and shall refrain from providing inaccurate and fallacious information or misrepresenting or concealing any relevant facts.
10.5 Competence to contract
10.5.1. You must be an adult and of legal age to enter into a binding agreement with the Firm and should not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
10.5.2. You must also not be barred from using or availing of any services under the laws of any country You wish to travel to, or other applicable laws.
Passport and Visa
11. Passport and Visa
11.1 Passport and Visa Requirements
11.1.1. It is your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months from the date of return of your trip.
11.1.2. You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.
11.1.3. You shall be required to obtain the visa yourself. However, in limited circumstances, the Firm shall facilitate procuring of the visa on your behalf.
11.1.4. Please note that the cost of visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Firm.
11.2 Liability of the Firm in the event of Delegation to obtain your Passport or Visa
11.2.1. In the event the Firm agrees to acquire these documents on your behalf, the Firm shall not be responsible for the non-issuance of such documents or liable for any delay or other related act/omission or for any loss, expense, damage or cost resulting there from, as the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.
11.2.2. It is your responsibility to not only submit the application in the prescribed format and accurately filled along with the necessary and relevant documents and photographs, within the specified time to the Firm to enable it to secure your visa and other possible permits, but also to peruse the same after issuance so as to check for irregularities and errors.
11.2.3. In the event that the application for a visa made by You or the Firm on your behalf is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents furnished or due to any other reason whatsoever, the Firm shall not be liable for the same.
11.2.4. The Firm in addition shall also not be responsible for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.
11.2.5. The Firm shall not be responsible for timely issuance of and access to the necessary visa by the relevant diplomatic agency, if You have authorized the Firm to get the same, unless the Firm is solely and directly responsible for the delay.
11.2.6. However, in the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour or terminate the Tour Contract, and the amount of refund You may be entitled to shall be in accordance with clause 5 or as specified by the Firm.
12.1 These Conditions, the Tour Contract and any other documentation provided to You by the Firm shall be governed by the laws of India.
12.2 Subject to any mandatory laws, You hereby irrevocably agree that the relevant courts of Bangalore, India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising there from and no other courts shall have any jurisdiction whatsoever in respect of such disputes.
12.3 You irrevocably waive any right that You may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
13.1 You (“The Indemnifying Party”) agree to indemnify, defend and hold harmless, the Firm, its directors, executives, employees, agents and other officers, its lawful successors and assigns and/or the Firm’s affiliates, their websites and their respective lawful successors and assigns (“the Indemnified Party”), from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Party that arise out of, result from, or may be payable by virtue of any breach or non-performance, of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Conditions or the additional terms set out in the Tour Contract.
13.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of these Conditions.
Intellectual Property Rights – Firm Website(s)
14. Intellectual Property Rights – Firm Website(s)
14.1 The Firm Website(s) include a combination of content created by the Firm, its partners, licensors and associates.
14.2 The intellectual property rights in all software underlying the Firm Website(s) and services and material published by the Firm on the Firm Website(s) or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Firm, its partners, licensors and/or associates.
14.3 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of such materials either in whole or in part without the Firm’s express authorization or consent.
15.1 The Firm has no liability
Unless explicitly provided by the Firm in any specific service or product, obtaining sufficient insurance coverage is your obligation/option and the Firm doesn’t accept any claims or liability arising out of such scenarios.
15.2 Insurance provided by third party
Insurance, if provided as a part of the service/ product by the Firm, shall be subject to the terms and conditions of the insuring company and You shall contact the insurance company directly for any claims or disputes and the Firm shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
15.3 Travel Insurance
You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.
The services of the Firm are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Conditions.
17.1 Communication with the Customers/Clients
17.1.1. The Firm may ask for your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of your booking and reservations, to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.
17.1.2. If You are comfortable with a particular medium of communication only or do not want the Firm to communicate with You via any particular medium, You can register a request with the Firm to that effect. The Firm shall thereafter communicate with You only via the medium selected and authorized by You.
17.2 Collection, protection and sharing your information with third parties
17.2.1. In order to make your tour reservations and other bookings, we will collect certain information from You including certain personal details such as age, gender, vocation, etc., and may share it with third parties including, but not limited to government agencies, hotels, and other third party service providers on an as-needed basis only.
17.2.2. However, we assure You that we maintain complete privacy of the information provided by our customers and will share only such information with the third parties as is necessary for the purposes of your travel booking, reservation compliance with law and other travel related purpose.
17.2.3. In addition, we may also collect your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Firm.
17.2.4. We reiterate that such sensitive information will not be shared, transferred or sold by the Firm to any third parties except for reasons or purposes provided in this clause.
17.2.5. We may also request You to give us your feedback and share your experiences on the tour/holiday by providing us with testimonials. These accounts or information may be published or displayed on the Firm Website(s) and on brochures, presentations and other documents and can be viewed by anyone who visits, browses or reads these. This information may also appear in search results on the internet.
17.2.6. We assure You that the Firm does not provide or share your personally identifiable or other information to third parties except as expressly provided in these Conditions or otherwise after having obtained your definitive consent and permission.
17.2.7. However, please note that we may disclose and share your information including personal information to comply with legal processes, in response to legal notices and inquiries including but not limited to civil and criminal proceedings, court orders, and other compulsory disclosures, when we in good faith believe that the information is required by the law or in order to assist government/legal enforcement agencies in their investigation and preventive actions against any suspected or actual, illegal or unlawful activity or conduct.
17.2.8. We may also use your personal information to enforce these Conditions and safeguard the rights, interests, property and personal safety of the Firm, its customers/clients and the public in general.
17.3 Non- Commercial and Personal Use
Unless otherwise specified, the Firm’s services are for your personal and non – commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Firm Website(s) or from the travel consultants and advisors without the express written approval/consent from the Firm.
17.4 Revision/modification of the terms of these Conditions
17.4.1. The Firm endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information.
17.4.2. However, there is a possibility that the information, software, products, services, images on the Firm Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Firm and its employees.
17.4.3. These inaccuracies will be rectified immediately once brought to the attention of the Firm and its employees or other officers.
17.4.4. We strongly recommend that You do not rely upon or act in accordance with any advice/suggestions received from any person except an authorized representative/employee/officer of the Firm.
17.4.5. The Firm may make any improvements, additions, changes, rectifications, alterations to the content of the Firm Website(s) at any time.
17.4.6. The Firm reserves the rights to alter the terms of these Conditions, without notice. We recommend that You read these Conditions regularly to avoid any inconvenience.
The invalidity or unenforceability of one provision of these Conditions and/or of the Tour Contract shall not affect the validity, legality or enforceability of the remainder of these Conditions and/or of the Tour Contract.
17.6 Further Assistance
We at the Firm believe in serving our clients with sincerity and honesty and therefore You can contact our travel consultants via telephone or write to us with your queries and we will be delighted to answer any query that You may have or provide any clarification that You may seek.