Booking Conditions and Terms and Conditions Offered by My Planet

 

WEB SITE ACCURACY: Website information is displayed several months in advance. Naturally, the information contains description of services as are normally available and is as accurate as possible. However, we do not have direct contact over the suppliers, as we are Tour Operators and do not own any hotels, restaurants, airlines, cruises or coaches. Circumstances and factors beyond our control like Major road works, traffic congestion, weather conditions, fairs, festivals, sports events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants. Over booking of hotels/flights, cancellation/re-routing of flights or railway, closure of / restricted entry at a place of sight seeing may result in alteration, amend or change in the services included in the Tour Package. Therefore, we reserve absolute right to alter, amend, change or modify the Tour Package, Itineraries, the Tour Schedule, the Travel Plan, Tour arrangements and sight seeing. Where we may know of these sufficiently in advance we will notify you, otherwise our Tour Managers or local representative/s will inform you of the changes on the spot. There are also very big Fairs and Exhibition lasting up to 2 weeks, where all the hotels are fully booked several years ahead. Every effort will be made to avoid such dates, but in few instances where it is unavoidable, it may be necessary to stay in hotels in other cities. (This would be advised at the time of booking).

In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, we reserve the right to charge extra amount for the same any time.

TOUR COST INCLUDES AND EXCLUDES: Please refer to the relevant section in the brochure / price grid.

CONDITIONS OF PASSAGE: These conditions are applicable to every Client of the Firm, who books a online Tour or any Special Tour or travel arrangement. In the event of a Client booking through us a Tour or Tour Arrangement of any other Tour Operators Carnival, Cosmos, Star Cruise etc., the ‘Terms and Conditions’ specified by such Tour Operator, including their payment schedule, cancellation, refund etc. shall be applicable in addition to our ‘Terms and Conditions’ while determining the contractual relation between the Client, the Tour Operator and us.

SCOPE OF ACTIVITY: My Planet is marketing and/or coordinating tours under the brand name ‘EXPLORE INDIA’, ‘TREKKING IN HIMALAYA’, ‘MYSTIC MT. KANCHENDZONGA’, ‘BUDHIST SITES IN INDIA’ and ‘FEELINGS’ for individual tours and ‘TRAVEL CLUB’, for group/individual tours. We are travel and holiday organizers only. We do not control or operate any airline, neither do we own or control any shipping company, coach or coach company, hotel transport, restaurant or any other facility or service mentioned in this Brochure/Web-site. Though we take care in all the ingredients in your holiday, we can only select and inspect them as far as possible. As we have no control in running of them, we cannot be responsible for any delay, improper services provided by any agency, airline, transport, hotel, any provider of services, for any injury, death, loss or damage which is caused by the act or default of the management and employees of any hotel, airlines, shipping companies, cruise, coach owners/coach operator/tour operators who are the Firm’s independent contractors.

We are also not responsible for the delay or deficiency in services provided by any agency, airline, transport, hotel, any provider of services, and/or any consequence of an act or actions of co-travelers, co-passengers which may result in injury, damage to the life/limb or property of the Client or interfere with enjoying or availing the following and/or other services to be provided on the Tour.

REGISTRATION: The Client has been supplied with details for the Tour Arrangements and the Tour Brochure/Itinerary for the relevant year and season. The Client shall read the same as well as the ‘Terms and Conditions’ and the ‘Booking conditions’ carefully before filling and signing the Booking Form. The Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the Client signing the Booking Forms and making payment towards the payment prescribed non-refundable interest free deposit amount. In case one or more but not all clients sign the ‘Booking Form’. It shall be deemed that the others have dully authorized the concerned signing client/s. The signing of Booking Form by the Client shall mean acceptance in totality of the Terms and Conditions contained herein by the Client/s.

No person including the Employee/s and the Agent/s of the Firm other than the Firm, in writing has the authority to vary, add, amplify or waive any stipulation, representation, term or condition set forth in the Brochure.

The Firm reserves the right to decline to register any person/s as Client/s for any Tour or to cancel their registration without assigning any reason.

DEFINITION:

Client/s means the person/ in whose name and/or whose behalf the Booking is made and/or whose name is on the Booking Form and the Passenger Tour Coupon (PTC) / Service Voucher(s).

Firm means My Planet

Child / Infant : An ‘Infant’ means a person below the age of two years, and a ‘Child’ means a person above the age of two and below the age of twelve years.

Independent contractors means any hotelier/hotel owner, owner of any airline or shipping company or railway, ferry boat owner/operator, cruise, coach owner/operator, owner/operator of any other person or Organization who have been selected by the Firm to lender service to the Client.

There is no contract between the Firm and the Client until the Firm has received appropriate non-refundable deposit. The full payment must be received in accordance with the procedure laid down in the Brochure under the heading “HOW TO BOOK” If not the Firm reserves right to cancel the booking with the consequent loss of dpaid in that timeeposit and apply scale of cancellation charges as mentioned in the “HOW TO BOOK”.

The Firm has the right at any time and for any reason to terminate the contract after acceptance of deposit but prior to the consent of Tour  without assigning any reason whatsoever, in the event, the Firm terminates the Contract, the Firm may refund the amount of deposit to the Client without payment of any interest.

To amend, alter, vary or withdraw any tour, holiday, excursion or facility it has advertised or published or to substitute an independent Contractor of similar cases it (GROUP TOURS), all services will be as per those specified / confirmed and paid for as per the PTC.

For ‘FEELINGS/ TRAVEL CUB (INDIVIDUAL TOURS)’ all services will be as per those specified/confirmed and paid for as per the Service Voucher(s).

BAGGAGE: Client traveling by air will be subject to the airline restrictions / limitations on baggage weight / size / number.

As portarage is not included in the tour price and due to limited space for luggage in the coach, we recommend that you carry one single suitcase per person of a size of 158 cms. (Width + length + height) preferably with wheels for sake of convenience.

All baggage and personal effects at all times and in all circumstances the responsibility of the Client.

COACH/SITTING: In all tours we will try to use luxury coaches. We will try to operate daily seat rotation on board our coach, and no seat numbers will be allocated. The number of stoppage and the duration of stoppage for the comfort of the passenger and for the needs of the coach is on the discretion of the Tour Manager.

If you are carrying high value items on the coach, we advise you not to leave them behind when you leave the coach, as we will not be responsible for any loss or theft.

ITINERARY CHANGES: We may often operate more than one coach per departure date. For the comfort and convenience of our passengers we will sometimes reverse the direction, or slightly amend, the itinerary. We will try to advice you of these amendments, prior to the start of the tour or on tour. In the Tour- Trekking, Expedition or any type in Himalayan range, the chance of changing itinerary is maximum, due to landslides, snowfall and/or other natural calamities. In the event that the Client misses a part of the Sightseeing tour or any such tour due to delay on his part then he will not be entitled to claim refund for the same.

It is deemed advisable or necessary. In either case, the Firm shall not be liable for any demand, additional expense or consequential loss suffered by the clients or for any compensation claim.

TRAVEL DOCUMENTS AND CLEARENCES: It shall be solely Client’s responsibility to hold valid travel documents and statutory clearances, to enable you to travel on the Tour such as Passports, visas, and other statutory certificates. Your Passport must be valid for at least six months subsequent to the scheduled departure date of the tour.

The documents, personal photographs required for entry permit and other special permit, if required, the Client, on his own responsibility should furnish to the appropriate Department, e.g., the entry permit is required for entry into Sikkim.

As granting or rejecting entry permit is sole perogative of the concerned governments/statutory bodies/department, the Operator shall never be responsible in case of non-granting of such documents nor liable for any delay, denial or other related act/omission or for any loss, expense, damage or cost resulting there from. The position in respect of cancellation of Tour by Client due to non-availability of travel documents would not change by virtue of Client having applied for such documents through the Operator. Even if papers like ‘Entry Permit’ etc. rejected by the concerned authority(s), the stipulated fees of the Operator shall be payable by the Client. There will be no refund the Client, or any other member of of his party, is unable to travel due to the said reasons.

HEALTH AND INSURANCE: It shall be the duty of the Client to inform the Firm, in case the Client has any medical condition that may affect his ability to enjoy and persue fully the Tour Arrangements and wherein the interest of the Group or any member thereof is prejudicially affected.

The Firm reserves the right to ask the Client to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Firm will not be liable to provide any assistance or money back.

The Firm makes it a condition that the Client is adequately covered by Overseas Mediclaim Insurance Policy and other appropriate insurance policies to cover the risk of life, limb and property while on tour, My Planet, will not be responsible for the same.

FORFEITURE OF DEPOSITS: The Firm shall be within its rights to forfeit the non-refundable interest free deposit paid by the Client along with the prescribed booking form duly completed for the tour booked by the Client, in the event the Client cancels the booking or on failure on the part of the Client to adhere to the tour payment schedule as informed in the documentation Check List, or in the event the visa, the required entry permit or other essential documents is/are not granted or he/she is unable to travel on the tour booked by the Client due to any reason whatsoever, including medical ground or sickness, the non refundable interest free deposits shall stand forfeited, and the scale of cancellation setout in the “HOW TO BOOK” section of the brochure shall be applicable and binding.

LIABILITY: In the event of the Firm exercising its rights to amend or alter any Tour or holiday advertised in their Brochure / Itinerary after such Tour or Holiday has been booked, the Client shall have the right:

To continue with the Tour or Holiday as amended or altered,

Or to accept any alternative Tour or Holiday which the Firm may offer.

In either of these above cases the Client shall not be entitled to or the Firm shall not be liable to the Client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund.

In the event that the Firm is unable to conduct a particular tour, the Firm shall at its own discretion, refund the amount of the cost or part of the cost of the said Tour to the Client without any interest on the same. The Client will not be entitled to make any grievance thereafter in respect of the same.

The Firm shall, in no circumstances whatsoever liable to the client or any other person traveling with him/her for:

Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any kind of theft howsoever caused;

Any act, omission, default of any independent contractor or other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused.

The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person.

If in the event that the Client is booked on a particular airline and the said flight is over booked /cancelled for whatever reason and the Client is not allowed/able to board the flight, the Client shall not hold the Firm responsible for the same and no claim whatsoever can be made by the Client against the Firm.

The Firm shall not be responsible and/or liable for any damages caused to the Client due to reasons beyond the control of the Firm. No liability on the part of the Firm 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.

SAFE DEPOSIT LOCKERS: You are advised to keep your valuables, if possible, in safe deposit lockers, at the time of check in and not in hotel rooms.

PUNCTUALITY: The drivers are bound by specific Rules, the maximum driving hours within a day and during a week etc. Clients will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel, otherwise certain sightseeing schedules may be missed due to your actions and it will be non-refundable.

MEALS, MEDICINE, DRESS AND OTHERS: Unlike an airline, we cannot process for a special meal, nor can we guarantee a special diet for customers, if applicable. We, however, reserve the right to change the meal arrangement, if circumstances make it necessary to do so. In the event the Client wakes up late and misses breakfast and in the event that the Client is out on his own and reaches late and misses dinner, then no claim can be made by him for the meal which he has missed and not utilized.

In case of adverse situation, in the Himalaya, we cannot give guarantee food, though we will take/lift sufficient food at our best. In case of consumption of canned food/cooked food, which makes illness to the traveler, the traveler/Client cannot make claim for compensation or cannot make grievance to the Firm.

The Client/Traveler should take medicine along with him. In the tour in Himalaya, doctors and medicines are not available in some places. So, we take/lift some medicines along with food. But the medicine can be applied and food/beverage may be taken after getting suggestion from Mountaineering Expert or local people living in mountain, who are not a medical professional.

We will always try to arrange Sleeping Bag, Tent, Snow-Boot, Jacket etc. for trekking or expedition in the tour to snow-clad mountain in Himalaya.

It is presumed, every effort is made from our side to make one physically fit while he takes a trip to the beautiful and remote place in Himalaya. Therefore, every step should be taken by the trekker/expeditionist cautiously after prior consultation with the leader appointed by the Tour Operator.

SPECIALREQUEST: Where special requests for room allocation, diet consideration etc., are made in writing    at the time of booking, every effort will be made to ensure that they are honoured. However, the Firm will not be held liable for claims or damages or consequential loss if such requests are not honoured.

BAGGGE: Clients traveling by air will be subject to the airline restrictions/limitations on baggage weight/size/number.

All baggage and personal effects are at all times and in all circumstances the responsibility of the Client.

COMMUNICATION: The communication directed at the address of the Client as disclosed in the ‘Booking Form’ shall be deemed to have been communicated to the Client.

A Travel Agent through whom a Client books will act to relay information from Client to Firm and vice versa. The Firm shall not responsible for any error on part of such Travel Agent in this regard.

DOCUMENTS: We are issuing documents to the Client/s are likely : Brochure, Itinerary, Booking Form including Terms & Conditions, Money Receipt, Passenger Tour Coupon, Bill.

Brochure: contains the overview of tour site and tour programme.

Itinerary: contains details of tour schedule.

Booking Form: The structured form where Client has booked the tour programme as he likes, following Brochure, Itinerary and the Terms & Conditions mentioned overleaf of the Booking Form.

Money Receipt: is the receipt of money from the Client for every case, issued by us.

Passenger Tour Coupon: This documents issued by us after the complete payment, mentioned in the Booking Form, made by the Client. This implies My Planet is ready, subject to the Terms & Conditions mentioned in the Booking Form to carry out its job (tour operation), following the Itinerary.

Bill: issued by us after completion of dues payment.

HOTELS: In the tour programme, you will be out sightseeing most of the time and hence we have taken care to select hotels, which are comfortable whilst keeping cost down.

Keeping mind the itinerary, we take great care to select the locations of hotels, which are chosen both for their comfort and value for money. A double room has a queen-size bed and a twin room has two separate beds. We are happy to try and secure a double room (if requested) - but this will be subject to availability and in cases when a double is not available, we will provide you with a twin room.

ACCOMODATION FOR CHILD BELOW 12 YEARS OF AGE: It is expressed and given to understand that a child below 12 years of age who is booked on the tour paying the special rate without a bed will not be provided with a bed in the hotel while on the tour under any circumstances. In case the client makes any changes in their rooming while on the tour, the Firm shall not make any refunds or pay any compensation to the Client. In case the Client decides to make any change in the rooming while on the tour subject to availability, then they shall be bound to pay additional amount charged to them by the concerned Hotel directly to the Hotel.

REFUND: The Firm reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Tour due to reasons beyond the control of the Firm. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators, etc., and the decision of the Firm on the quantum of refund shall be final. Even in case of tour for which the payment was made in foreign currency with or without part payment in Indian Rupees at the prevailing rate of exchange on the date of refund as per existing Rules & Regulations.

In case of the Firm exercising its discretionary rights to alter, amend or cancel any Tour or holiday advertised, the Client who has booked for such Tour can exercise the option:

To continue with the Tour as altered or amended; or

To accept any alternative Tour, which the Firm may offer; or

To unconditionally accept the return of the tour cost charges in full and that settlement and the Firm shall not be liable to pay the Client, compensation, consequential loss, damages, additional expenses or interest charges over and above as is computed by the Firm as per this Terms & Condition. The Client will not be entitled to make any grievance thereafter in respect of the same. In case of The Client traveling on an amended tour, the legal relation between the parties shall not charges only by the virtues of the amendment. The Client opting to continue with the tour arrangements as altered or amended shall pay additional charges if any levied by the Firm.

There shall be no refund if the Client doesn’t or cannot utilize any service included in the Tour cost or paid for like meals, rooms, entry tickets, excursion etc. Nor can any refund be made for lost misled or destroyed travel tickets or vouchers.

CONDITIONS OF TRAVEL: There shall be no refund, if the Client fails to join the group at the commencement of the tour, or joins 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 Firm at the appointed place, date and time.

My Planet, 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 My Planet 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 Firm’s Managers including Tour Managers, Employees, Servants and Agents, but not to the independent contracts selected by the Firm.

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 Firm 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 expenses whatsoever.

The prices quoted in the brochure have been calculated at the rate prevailing at the time of printing of this brochure. The Firm reserves the right to amend the prices published in this brochure in case of currency fluctuations, changes in the gross rate of exchange, and/or fuel costs, special/high reason charge levied by the suppliers, hike in airline/rail 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.

If no suite/action is brought against the Firm within three months of the last day of the Tour, the Firm shall be discharged from all liabilities under/or arising out of this Contract and the Client shall be deemed to be relinquished/abandoned all this rights under or arising from this Contract.

In case of publication of any travel scheme offering any discount or benefit by the Firm, 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.

This contract shall operate subject to Indian Laws and the courts in Kolkata(Calcutta) shall alone have jurisdiction. All tours are subject to laws, rules of RBI/GOI.