Terms and Conditions

1. Scope
1.1 These terms and conditions shall apply to all contracts between Quality India Tours and the client in the realm of incoming services such as group tours, individual tours, active and adventure tours, yoga tours, or pilgrimages that are designed, planned, and organised by Quality India Tours (hereinafter "Events"). They also apply to all incoming services provided by Quality India Tours.
1.2 General terms and conditions of the client apply only if this has been expressly agreed in writing.

2. Conclusion of the contract
2.1 Offers from Quality India Tours are not binding. The client’s order is binding when their order is made with the conclusion of an incoming contract. The contract is finalised with a declaration of acceptance by Quality India Tours.
2.2 If the content of the declaration of acceptance by Quality India Tours differs from the contents of the order, then a new offer will be presented by Quality India Tours to which it is bound for the period specified in this declaration. The contract is concluded on the basis of this new offer if the client declares the acceptance by express declaration, deposit or final payment within the binding period of Quality India Tours.
2.3 Upon or immediately after the conclusion of the contract, Quality India Tours will provide the client with a written confirmation.
2.4 If an offer by Quality India Tours is made in response to a specific request from a potential client, the client’s declaration of acceptance concludes the contract.

3. Services
3.1 The contractual services of Quality India Tours are based on the brochures issued by it, the specifications in their offers and the confirmations of Quality India Tours, unless otherwise agreed individually with the client.
3.2 Brochures, such as those for local attractions or hotels, or internet announcements or content that was not issued by Quality India Tours or sent by the company to the client, are not binding for Quality India Tours and their performance obligations, unless expressly agreed otherwise between the parties.

4. Changes to services
4.1 Changes to essential contractual services of the agreed content of the incoming contract - which become necessary after the conclusion of the contract and were not brought about in breach of good faith by Quality India Tours - are permitted as far as they are reasonable when considering the interests of the client. If a hotel as a service provider refuses to accommodate the client or their customers in the booked hotel this is not Quality India Tours’ responsibility, and Quality India Tours has the right to provide the client with a hotel of a comparable standard. Subparagraph 9.2 remains unaffected.
4.2 Quality India Tours is obliged to inform the client of any significant changes in services immediately after becoming aware of the reason for the change.

5. Payment
5.1 Advanced payments and final payments comply with the agreements made between Quality India Tours and the client.
5.2 If an agreement has not been made, the client has to effect immediately after conclusion of the contract an advance payment of 30%, and the final payment must be made at least 30 days before the start of the event. Payments must be made, in particular by foreign customers, to Quality India Tours in full. Payment costs levied by banks or other financial institutions for currency transfers or exchange will not be covered by Quality India Tours. Payments must be received by the dates specified in the contract.
5.3 If the customer does not make the advance payment and/or the remaining payment accordingly the agreed dates, Quality India Tours shall be entitled to withdraw from the contract after a reminder with a deadline, and to charge the client cancellation fees according to subparagraph 8.
5.4 The client shall be in default without a reminder 30 days after receipt of the invoice and shall pay the invoice amount at 8 percentage points above the base rate of the Deutsche Bundesbank. An earlier notice of default and the assertion of a further delay damage are expressly reserved.

6. Increases in price
6.1 Quality India Tours may, after conclusion of the incoming contract, claim price increases from its service providers in full from the client, unless the price increase is manifestly without any contractual or legal basis. The client may demand that Quality India Tours assign these claims to the service providers as being inadmissible price increases, and only accept price increases from service providers with reservations. Price increases due to a proven change of taxes, harbour, airport and security fees or other sovereign fees, such as entrances for monuments or national parks, are generally permitted.
6.2 Quality India Tours must communicate any price increases to the client with appropriate means of proof. Price increases are to be communicated to the client immediately.

7. Changes to bookings
7.1 The right to change bookings, including time limits and re-booking costs, complies with the agreements made between Quality India Tours and the client.
7.2 If an agreement has not been made, the following re-booking conditions apply:
A client’s claim after the conclusion of the contract for changes regarding a service date, a performance target, a place of performance, the accommodation, or the mode of transport is generally not permitted. If, however, a client requests a re-booking, Quality India Tours can undertake to do this if the re-booking request is received at least 14 days before commencement of the service, with a re-booking fee of £80.00. In the case of re-booking requests which take place after expiry of the aforementioned deadlines - and if execution is possible - Quality India Tours will forward the re-booking or cancellation and new completion costs to be levied by the service provider in advance to the client. A re-booking by the customer is only possible upon payment of these costs and the aforementioned re-booking fee.

8. Withdrawal from contracts
8.1 The right to withdraw, including the deadlines and cancellation fees, complies with the agreements made between Quality India Tours and the client.
8.2 If a specific agreement has not been made, the following cancellation conditions apply:
In case of a withdrawal by the client, Quality India Tours has a claim for cancellation costs, as far as Quality India Tours is not responsible for the withdrawal, and not in the case of a force majeure (act of god) event. As a withdrawal can occur at different phases of the contract, cancellation fees will be levied as a percentage of the price of the event, charged in proportion with proximity of the date of withdrawal to the contractually agreed commencement of service.
In calculating the compensation, commonly saved expenditures and general possible other uses of the contractual services are considered. The cancellation fees will be calculated as follows after the time of receipt of the declaration of cancellation by the client:
- from the 29th to the 15th day before commencement of service: 30%,
- from 14th to 7th day before commencement of service: 50%,
- from the 6th to the 3rd day before commencement of service: 80%,
- 2 days before start of the journey until the day of performance (no-show): 100% of the price
8.3 Quality India Tours reserves the right to demand higher, specific compensation in deviation from the above or agreed lump sums. In these cases, Quality India Tours is obliged to quantify and substantiate the required compensation, considering the saved expenses and any other use of the incoming services.
8.4 The client is at liberty to prove to Quality India Tours that the damage was incurred at less cost, or a significantly lower cost, than the lump sum demanded.

9. Force majeure events
9.1 If a client is prevented from making use of one, several or all incoming services due to a force majeure event (in particular war, civil unrest, epidemics, sovereign orders, strikes, natural disasters, accidents, destruction of accommodation or equivalent cases), as Quality India Tours or the service providers can provide the services according to the contract, the client has no claim to a free withdrawal. Quality India Tours is only obliged to reimburse the price to the extent that it receives a refund from its service providers.
9.2 If force majeure events make the delivery of one, several or all incoming services considerably more difficult by Quality India Tours, Quality India Tours may terminate the contract in total. If the unaffected services are still of interest to the client, these may be provided, and in this case, Quality India Tours and the client shall bear the costs of the terminated services of the service provider or parties in equal parts. Incidentally, there will be no further refund to the client. Additional costs incurred due to force majeure events shall also be borne equally by Quality India Tours and the client. Quality India Tours must prove the costs to the client.

10. Undrawn services
If the customer does not make use of individual incoming services that were duly offered to them for reasons attributable to them (eg due to the premature departure of the customers/guests or for other compelling reasons), they have no claim for proportionate refund of the price. Quality India Tours will seek reimbursement of the expenses saved by the service providers.

11. Passport, visa, and health regulations
The client is responsible for themselves and their customers/guests for full compliance with passport, visa, and health regulations, for obtaining and carrying the necessary travel documents, for any necessary vaccinations and for compliance with customs and foreign exchange regulations. In this respect, information supplied by Quality India Tours to the client is non-binding unless expressly agreed otherwise. Disadvantages arising from non-compliance with these regulations, eg the payment of cancellation costs, are at the expense of the client, ie Quality India Tours is not responsible for them.

12. Obligations of the client
12.1 Insofar as Quality India Tours does not receive any other instructions from the client, the contract documents will be sent at the client's risk to the email or postal address specified by them. The client must inform Quality India Tours if they do not receive the required contract documents (eg flight tickets or hotel vouchers) within the deadline communicated by Quality India Tours.
12.2 Unless otherwise agreed, the client shall notify Quality India Tours at least 30 days before the commencement of services as to how many of its customers/guests will be participating in the events, so that Quality India Tours can inform the relevant service providers. If the client does not comply with this obligation, or if the number of participants changes after the deadline has expired, the client must bear all consequences arising from this, particularly re-booking and further costs from service providers.
12.3 If a service is not provided in accordance with the contract, the customer may request redress within a reasonable deadline, unless this requires a disproportionate effort. The client is obligated to notify Quality India Tours immediately of any deficiency in performance: a report to the respective service provider is not sufficient. If the client neglects this duty, they cannot make any claims regarding the deficiency in performance. This only applies if the service is wholly inadequate or unacceptable for other reasons.
12.4 The client must prevent the occurrence of damage as far as possible and minimise damage incurred. In particular, the client must alert Quality India Tours to the risk of damage.
12.5 The client shall be responsible for all contractual obligations of their customers/guests as for themselves.
12.6 If Quality India Tours is charged by a service provider for costs incurred due to the use of services by the client or their customers and which are not part of the incoming services, then Quality India Tours has a claim for reimbursement from the customer.
12.7 The customer is prohibited from acting as an intermediary of a contract with Quality India Tours and/or representing Quality India Tours as a tour operator. Clients are advised as the circumstances require in recognition of appropriate legal requirements to take out insolvency protection for their customers.

13. Specific features of hotel bookings
If hotel bookings are included in the incoming services, the client must observe the following in accordance with the hotel's general terms and conditions and inform their customers accordingly:
- The client is alerted that some hotels demand appropriate securities from their guests, such as a valid credit card for expenses incurred.
- The client does not have the right to provision of specific rooms, unless expressly agreed in writing.
- Unless otherwise agreed, rooms are provided from 2pm until the following day at 11am. In the case of delayed checkout, the client is liable to the hotel, or Quality India Tours will claim a refund claim from the customer.

14. Liability
14.1 Quality India Tours is liable to the client only for intentional and gross negligence. For minor negligence, it is liable only in case of breach of a material contractual obligation and damages resulting from injury to life, limb or health. The same holds true for breaches of duty by a legal representative and vicarious agents of Quality India Tours.
The liability for damages by Quality India Tours due to a slightly negligent breach of essential contractual obligations is limited to the contractually typical foreseeable damages.
Quality India Tours is not liable for:
14.2 Airlines, bus companies, railways, and/or contractors providing accommodation, transportation or other services to the customer. The customer is informed that Quality India Tours buys such transportation, hotel accommodation, restaurant meals and other services from various independent suppliers that are not affiliated with Quality India Tours. In this regard, Quality India Tours seeks to select the best providers of the aforementioned services.
1) Illegal, negligent, or arbitrary acts or omissions on behalf of the independent contractor, its employees, or other persons not under the direct control or supervision of Quality India Tours.
2) Defects of an aircraft, vehicle, watercraft, or other means of transport controlled by an independent contractor.
3) Death and injury to persons or damage and loss of property or other impairments that occur directly or indirectly from any actions, hazards, incidents on land and water, fire, disruption in machinery or equipment resulting from wars (whether declared or not) or hostilities, civil disturbances, strikes, riots, thefts, blockages, medical epidemics, quarantine or customs regulations, regulations, delays or cancellations, or changes to the itinerary due to appointment changes or for reasons beyond the control of Quality India Tours.
4) Quality India Tours is not liable for any loss or damage resulting from inadequate or improperly issued passports, visas, or other legal documents. All coupons, foreign exchange orders, receipts, contracts and tickets made out by Quality India Tours will be issued under reserve of any tariffs, terms and conditions under which services are rendered by such hotels, airlines, bus companies, railways, shipping lines or owners, contractors or their employees.
14.3 If the client claims damages on his merits against Quality India Tours, the following applies to the calculation of the customer's damages against Quality India Tours in cases where the damages are based on claims of the client’s customers: The client can only claim damages legally established by its customers. In addition, the basis for the customer's claim must also be provided according to the Indian Right in Court of India – where claims for unfulfilled vacation services are generally excluded. The claim amount is also limited to a comparative calculation under Indian law, whereby any reduction claims are calculated only for the current affected service, not the total price.
Instead of asserting damages, the client may demand the assignment of claims of Quality India Tours against the service provider itself. Quality India Tours is thus released from all claims of the client.
14.4 If a service to be provided by a service provider is subject to international conventions or statutory provisions under which a claim for damages can only be asserted under certain conditions or restrictions, Quality India Tours may refer the conventions and legal requirements based on these to the client. Contractual limitations of liability between Quality India Tours and a service provider also apply in the relationship between Quality India Tours and the client, provided that the client has been informed of the limitations of liability at the time of conclusion of the contract and the limitations of liability do not infringe the regulations specified in subparagraph 14.1 to 14.3.

15. Limitation period
Claims for non-contractual provision of the trip shall be asserted by the client within one month after the contractually stipulated date of termination of the incoming services to Quality India Tours. Upon expiry of that period, the client can only assert claims if they have been prevented from adherence to the time limit through no fault of their own.

16. Prescription
16.1 Client claims against Quality India Tours must be made within one year of the damage occurring. This does not apply to damage claims based on injury to life, limb, or health or due to a deliberate or grossly negligent breach of duty by Quality India Tours or a legal representative or vicarious agent of Quality India Tours.
16.2 The period of prescription begins at the end of the year in which the claim arose. The client would have to become aware of the circumstances substantiating the claim and of Quality India Tours as debtor.
16.3 If negotiations between the client and Quality India Tours are pending on asserted claims or circumstances giving rise to the claim, the statute of limitation is suspended until the client or Quality India Tours refuses to continue the negotiations. The limitation period of one year comes into effect at earliest three months after the termination of suspension.
16.4 The above provisions do not apply as far as international agreements, ordinances or directives of the European Union containing statutes of limitation which are applicable to the legal and/or contractual relationship between the client and Quality India Tours and can neither be waived as contracts between entrepreneurs.

17. Choice of law and jurisdiction
17.1 The contractual relationship between the client and the incoming agency shall be governed exclusively by Indian law. This also applies to the entire legal relationship.
17.2 These conditions are governed by and are to be construed in accordance with the laws of India and disputes, if any, are to be decided under the exclusive jurisdiction of the Courts of Delhi, India, only.
17.3 The place of jurisdiction is Delhi, which is the headquarters of Quality India Tours.
17.4 The above provisions regarding the choice of law and the place of jurisdiction do not apply if, and to the extent, that the contractually non-obligatory terms of international agreements which apply to the contract between the client and Quality India Tours.

18. Final provision
The invalidity of a provision of the contract or these terms and conditions does not affect the validity of the contract or the terms and conditions otherwise. In case of a dispute, an ineffective provision shall be replaced by one which is, as far as legally possible, closest in content to the invalid provision and most closely corresponds to the parties' well-understood economic interest in the ineffective provision. The foregoing provisions shall apply correspondingly in case the contract turns out to be incomplete.

Dated: 06.04.2018
Name of the bank ICICI BANK
Branch office C-17, C-Block Market, Vasant Vihar. New Delhi 110057 India
Account owner Quality India Tours Pvt. Ltd.
Account number 006505004304
Account type Current A/C
RTGS/ NEFT IFSC Code ICIC0000065
ICICI BANK SWIFT CODE ICICINBBCTS

Any applicable bank charges are to be borne by the transferor.

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