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Terms & Conditions contd...
This agreement incorporates the
terms and conditions for GITC to provide services to the User
of this website ("the User") and any person(s) availing
services from GITC through this website shall be deemed to have
read, understood and expressly accepted these terms and conditions,
which shall govern the desired transaction or provision of such
services by GITC for all purposes, and shall be binding on the
User. All rights and liabilities of the User and/or GITC with
respect to any services to be provided by GITC shall be restricted
to the scope of this agreement.
GITC reserves the right, in its sole discretion,
to terminate the access to any or all GITC websites and the related
services or any portion thereof at any time, without notice.
ACCEPTANCE
OF AGREEMENT:
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our Site.
This Agreement constitutes the entire and only agreement between
us and you with respect to the Site and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted
on the Site, and you must review this Agreement prior to using
the Site.
USE
OF WEBSITE:
GITC may provide the User with contents such as sound, photographs,
graphics, video or other material contained in sponsor advertisements
or information. This material may be protected by copyrights,
trademarks, or other intellectual property rights and laws. The
User may use this material only as expressly authorized by GITC
and shall not copy, transmit or create derivative works of such
material without express authorization.
The User acknowledges and agrees that he/she shall not upload,
post, reproduce, or distribute any content on or through the Services
that is protected by copyright or other proprietary right of a
third party, without obtaining the permission of the owner of
such right. Any copyrighted or other proprietary content distributed
with the consent of the owner must contain the appropriate copyright
or other proprietary rights notice. The unauthorized submission
or distribution of copyrighted or other proprietary content is
illegal and could subject the User to personal liability or criminal
prosecution.
EDITING,
DELETING AND MODIFICATION:
GITC reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
LINKS
TO OTHER WEB SITES:
The Site contains links to other Web sites which are not created,
owned or operated by GITC. GITC is not responsible for the content;
accuracy or opinions expressed in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web
site by us. If you decide to use these links you will leave our
Site and access these third-party sites, you do so at your own
risk. GITC does not make any representations about third-party
Web sites; or any information, other products or materials found
there; or any results that may be obtained from using them.
NO
WARRANTIES:
THE INFORMATION, MATERIALS AND SERVICES PROVIDED AT AND ACCESSIBLE
THROUGH THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE"
AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GITC EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED
TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT THIS
OR ANY SUCH OTHER WEB SITES.
THE INFORMATION, MATERIALS AND SERVICES
PROVIDED AT AND ACCESSIBLE THROUGH THIS SITE MAY CONTAIN BUGS,
ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS.
LIMITATION
OF LIABILITY:
GITC aggregate liability for damages claimed under this agreement
and arising out of GITC performance of services hereunder shall
be limited to the total purchase price you pay for any goods,
services or information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL GITC BE LIABLE WHATSOEVER FOR YOUR USE
OF ANY INFORMATION, MATERIALS OR SERVICES PROVIDED AT OR ACCESSIBLE
THROUGH THIS SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
GITC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER OR NOT REASONABLY FORESEEABLE
AND EVEN IF GITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, ARISING UNDER STATUTE
OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GITC AND YOU. THIS
SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM GITC THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
APPLICABLE
LAWS:
This Site is administered by GITC at its offices in India and
is subject to the laws of the India. You agree to submit to the
non-exclusive jurisdiction of the courts of India in relation
to any dispute relating to this Agreement.
GITC makes no representation that materials
at this Site are appropriate or available for use outside India,
and access to them from territories where there contents are illegal
is prohibited. You may not use, export or re-export the materials
at this Site or any copy or adaptation in violation of any applicable
laws or regulations.
SEVERABILITY:
If any provision of this Agreement is found invalid or unenforceable,
that provision will be enforced to the maximum extent permissible,
and the other provisions of this Agreement will remain in force.
Not
Legal Advice
Content is not intended to and does not constitute legal advice
and no attorney- client relationship is formed, nor is anything
submitted to this Web Site treated as confidential. The accuracy,
completeness, adequacy or currency of the Content is not warranted
or guaranteed. Your use of Content on this Web Site or materials
linked from this Web Site is at your own risk
Copyright:
All material available on this web site is protected by copyright
laws. THE GREAT INDIA TOUR COMPANY™ and The LOGO are the
reg. Trade mark of the Company. Distribution of the material from
the Web Site, for commercial purposes is prohibited. Domestic
and International copyright and Trademark laws protect the entire
Contents of the Site. You are expressly prohibited from modifying,
copying, reproducing, republishing, uploading, posting, transmitting
or distributing any material on this Site including text, graphics,
code and/or software
TERMS
POLICY:
GITC reserves the right to revise, amend or modify our TERMS policy
at any time and in any manner it pleases. Any change or revision
will be posted here
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TOP
Terms of Use contd...
PRICE
All rates, unless otherwise stated, are per person on twin share
basis in currency as per the quotation or as mentioned on the
rate sheet.
CREDENTIALS
Obtaining passports and visas shall be the sole responsibility
of the passenger, who hereby undertakes not to hold GITC liable
under any circumstances whatsoever, for visas not applied for,
refused and/or delayed documents and/or entries to/from the countries
visited, for the sole responsibility to grant the travel documents
rests and vests with the authorities concerned. Without prejudice
to the above preceding clause, an express notice is given to all
concerned by GITC that they shall only assist passengers in securing
and obtaining the necessary travel documents to the best of their
ability.
RESERVATION
Reservations can be made by paying a deposit of INR 10,000 or
50% of the Tour Cost (whichever is higher), per person prior to
departure within the applicable time limit. All bookings are subject
to availability and the applicable conditions of each product/service.
This deposit will be adjusted against the total tour cost.
PAYMENT,
CANCELLATIONS & REFUNDS
All cheques / demand drafts / Bank Transfers / Credit Card Payments
must be made payable to THE GREAT INDIA TOUR COMPANY PRIVATE LTD™.
Payments made by Indian nationals, resident in India are governed
by the rules and regulations of the Reserve bank of India.
All bookings once confirmed by you are
not amendable. Transfer from one tour / service to another will
be treated as cancellation and the relevant cancellation charges
will apply and a fresh booking will have to be made.
In the event of any cancellation, the initial
deposit amount paid shall stand for forfeited and further cancellation
shall be levied as per the terms and conditions on the relevant
products. All refunds will be payable in Rupees. If your visa
is not granted by the issuing authorities, the applicable cancellation
fees will be payable. The cancellation must be intimated to us
in writing.
No refund will be made for partially utilised
/ unutilised services.
INSURANCE
We strongly recommend that all our clients take travel insurance
but not limited to cancellation, delays, loss of deposit, medical
expenses, personal accidents, loss of baggage and personal effects.
GITC makes it a condition that the client is fully covered by
life, property and medical insurance policy without which GITC
cannot be held responsible for any claims.
RESPONSIBILITY
All tour departures, itineraries, flights and hotels are subject
to change with or without notice, as they are based on current
schedules of transportation companies concerned.
All prices are subject to increase based
on revision in fares and fluctuations in the exchange rates. In
case of any increase, passengers will have to pay the difference.
Timings of conveyance are subject to change
and consequently may be revised at any time. The itinerary is
subject to alteration before or during the tour with or without
notice.
GITC does not accept responsibility for
losses and additional expenses, due to delays or changes in air,
train, ships or other services, missed connections, sicknesses,
weather, strike, quarantine or other causes howsoever caused and
all such losses and expenses caused must be borne by the passenger.
All arrangements for the services are made
by GITC in their capacity as agents only for and in the interest
of the passengers, with respect to any air/land/sea transportation
and hotel which may be included in the program, and as such, holds
itself absolved of all liabilities for any injury, delay or damage
from any cause, whatsoever, for which the passenger, by signing
this contract undertakes to absolve GITC and/or it's representatives
from any legal claims.
All services are subject to the conditions
and regulations referred to in the time tables, books, bills and
notices of the companies concerned on whose airlines, steamers,
railways, coaches and other transportation the passenger travels
and the passenger by accepting GITC's tour or any other service,
agrees that the firms and the companies concerned shall not be
held liable for any loss, damage, injury, delay or detention caused
howsoever.
All services & tours are subject to
the rules & regulations of the Reserve Bank of India and Goverment
of India and will operate as per the prevailing regulations &
permissions being granted for such tours and services.
The airlines concerned are not to be held
responsible for any act, omission or event during the time passengers
are not on board their planes and conveyances. The passage contract
in use by the concerned when issued, shall constitute the sole
contract between the airlines and the purchaser of such tickets.
Any disputes arising out of/or in connection with the services,
are subject to Indian Laws and the courts in Mumbai alone shall
have jurisdiction.
No person other than the one authorised by GITC, in writing, has
the authority to vary, add, amplify or waive any stipulation,
representation term or condition in the brochure.
GITC
shall in no circumstances whatsoever be liable to the Client or
any person travelling for:
a) Any death, personal injury, sickness,
accident, loss, delay, discomfort, increased expenses, consequential
loss and or damage or any misadventure howsoever caused.
b) Any act, omission, default of independent
contractor such as hotelier, hotel owner, owner of any airlines
or shipping company, railway, ferryboat owner, operator, coach
owner, operator, etc. or any other person or by 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 traveling with him, howsoever
caused.
c) The temporary or permanent loss of or
damage to baggage or personal effects howsover caused, in this
condition, the expression "howsoever caused" includes
negligence on the part of any person except the negligence on
the part of GITC.
No liability on the part of GITC 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.
Each of these conditions shall be severable
from the other and if any provisions were invalid, illegal or
not enforceable the remaining provisions shall nevertheless have
full force and effect.
COMMUNICATION
The communication directed at the address of the Client as disclosed
to GITC, shall be deemed to have been communicated to the client.
Travel agent through whom a client books will act to relay information
from client to GITC and vice versa. GITC shall not be responsible
for any error on part of such travel agent in this regard.
FORCE
MAJEURE
GITC shall not be responsible and/or liable for any damage caused
to Client due to reasons beyond the control of GITC (force majeure
/ Vis majeure) no liability on the part of GITC 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 expenses whatsoever.
IMPORTANT
Each and every party/or passenger (hereinafter called Client),
shall deal with GITC on an express and specific condition and
understanding that not withstanding any clause, provision, custom
or usage, GITC shall not be liable to in any manner whatsoever
in connection with the documentation, baggage, registration, reservation,
transportation, insurance, accident, delay, cancellation, suspension,
improper arrangements or any other eventuality. The Client dealing
with GITC shall be bound by this specific understanding and shall
not bring, make or raise any action, demand or claim against GITC
and/or it's employees, Directors and shall also indemnify GITC,
if any claim is made or action is brought by any party claiming
through the client against it because of his dealing with GITC
and shall always keep GITC and or it's employees fully indemnified
against any claims howsoever caused.
No
claim or complaint of whatsoever nature and or any claim for damages
shall be entertained and or admitted for consideration if lodged
with the company beyond 30 days of end of our services and beyond
7 days at the end of package tour services. Whilst every effort
has been made to ensure that the information contained in the
GITC brochures / websites / communiqués is correct at the
time of going to press / being published, GITC reserves the right
to vary, amend, cancel, withdraw, change the operator, services.