The Tour Package Standard Booking Terms and Conditions
Updated on 1st Jan 2021
Before you book a trip with Bestway2india.com [B2I] - An online trading entity of Bestway Tours and Safaris Pvt Ltd [BTS]. Please take the time to read and understand the booking terms and conditions & additional special conditions which apply to certain trips ,themes and promotional offers. These booking conditions form the basis of your contract with “Bestway Tours & Safaris Pvt. Ltd [BTS], Suite 403, Suncity Trade Tower, Sector 21, Gurgaon (National Capital Region), Haryana – 122016, (India) , A company incorporated under Indian companies ACT 1956, further amended in 2013, vide registration number 55-51646"
By asking us to confirm your booking, you confirm that you have had the opportunity to read and have read these booking conditions, Essential trip information, Tour Inclusions, Exclusions , Cancellation, Deposit, refund policy and agree to be bound by them.
These booking conditions only apply to holiday arrangements which you book with us on https://www.bestway2india.com [B2I] (An online trading entity of Bestway Tours & Safaris Pvt Ltd [BTS]) and which we agree to make , provide, or perform (as applicable) as part of our contract with you. All references in these booking conditions, to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
1.Your holiday contract:
The first names person on the booking (“lead name”) must be authorised to make a booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the “lead name” confirms that he / she is authorised. The “lead name” must be at least 18 at the time of making the booking with “Bestway2india” [B2I] – An online trading entity of Bestway Tours & Safaris Pvt. Ltd [BTS]. After we receive your booking request and all appropriate payments (see clause 3 “Payment & Deposit requirement” below), if the arrangements you wish to book are available, we will issue a confirmation voucher, invoice. A binding agreement will come into existence between us when we email your confirmation invoice to the 'lead name’ or your Travel Agent in the event if you make your booking through a travel agent. Your invoice will be sent to your travel agent or the lead name on the booking if you have booked directly with us. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified via email of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (three days for tickets). We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so. If you wish to change or cancel any arrangements later, you may have to pay an amendment or cancellation charge as per the cancellation & amendment terms and conditions of your tour (See clause 8).
Unless otherwise stated in any tour program or terms and conditions of a particular tour, If you book within 30 days of departure, the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 45 days before the departure date unless otherwise stated in your confirmation voucher , terms and conditions of the particular tour program for which booking is made or at the time of booking.
2. Applicable Law
We both agree that laws of courts of New Delhi, (India) (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the Indian Arbitration and conciliation ACT, 1996 further amended in 2015 , scheme is available for the claim in question and you wish to use it – see clause 13) or by the Courts of New Delhi, India. The laws of courts of New Delhi, India fully govern these Booking Conditions. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of New Delhi, India.
3. Payment & Deposit requirement
Please refer to tour specific tour payment & deposit policy as mentioned on every tour package. The payment and deposit requirement are defined for every tour package and departure date. Kindly refer to the Booking Deposit, Cancellation and Refund policy tab on the tour overview head of the respective tour package which you wish to book. All tour deposits paid are non-refundable and are not adjustable / non-transferrable. Unless, otherwise mentioned, to confirm your chosen holiday, a non-refundable deposit of at USD 500 Per Person or equivalent amount in GBP, CAD, AUD or in INR (or full payment if booking within 75 days of departure) must be paid at the time of booking.
In some tour packages / holiday bookings the amount of non-refundable deposits may be higher: where, for example, we need to pre-purchase flights tickets, accommodation or other services and special offers, to which early airline ticketing may apply – please see the terms and conditions of individual special offers under which the tour is booked.
The balance of the holiday cost must be received by us not less than 75 days prior to departure, unless otherwise stated at the time of booking or mentioned under specific offer which you have booked the tour. This date will be shown on the confirmation invoice. Reminders are not sent. Our preferred method of deposit payment is by bank credit card (Master/visa) only. You may also choose to make the balance payment by wire transfer (provided there is time to receive in our bank on or before 75 days prior to departure date to meet the payment schedule as shown above - you should allow 5 working days for to reflect in our system from the time we receive it). If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date.
For bookings made under “special offers”, “Flexi deposits” & “Flexi payments” promotional schemes, different payment schedule, deposit requirement and final balance payment date may differ based under which your holiday booking is made. Some Bookings under some “special offers” may come with full 100 % non-refundable / not-adjustable / non transferrable pre-payment or 50 % non-refundable / not-adjustable / non transferrable pre-payment, at the time of booking of the tour. Please refer to individual terms and conditions of “special offers”, “Flexi deposits” & “Flexi payments” (See Clause-8) under which you are booking your holiday.
4. Prices and surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on currency exchange rates as of 1stJanuary 2021; note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 45 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 7 days of notification of the surcharge and obtain a full refund.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to increase and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error which we are aware of and inform the new applicable price at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking, it will not be subject to change.
Please note that on very rare occasions, errors may occur when inputting prices onto our website and systems. We regret that any contract entered on the basis of a pricing error will be invalid. In the unlikely event that this situation arises, you will be given the option to pay the correct price or cancel with a full refund.
5. Visas / Travel Documents
Passports muse be valid for at least 6 months after the termination of the tour and visas are required to visit most countries. It is the Client’s responsibility to make sure that visas are procured in time. Where pre-authorization /invite documents are required, [BTS] will assist in acquiring same. If the Client needs assistance, [BTS] may be able to recommend a visa-issuing agency. If visas are denied, [BTS] cannot be held responsible for any expenses or inconveniences caused. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the confirmation voucher for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
6. Your details
In order for us to confirm your travel arrangements you must provide all requested details at the time of booking. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
7. Travel Insurance, Health and Safety
It is a condition of booking with us that you take out suitable travel insurance covering COVID-19 and circumstances leading to the cancellation, trip curtailment of your booking, providing sufficient medical cover for hospitalization due to COVID-19, illness or injury, personal liability, repatriation, trip delay , loss of passport, loss of luggage and personal effects while overseas.
You must provide us with the name of your insurers and their 24-hour emergency contact number when you book or as soon as possible thereafter. [BTS] will not be liable for any costs incurred by you due to your failure to take out suitable travel insurance from the date of booking. You will indemnify [BTS] in respect of any assistance or payment made by us in these circumstances.
You should ensure that there are no exclusion clauses limiting protection for the type of activities you will be undertaking during your tour. You should also ensure that your insurance policy will cover you for any independent arrangements, excursions or other activities that you may book to take part in during your holiday and which do not form part of your booking or contract with us. You should satisfy yourself that any travel insurance arranged is what you require and should arrange supplementary insurance if needed.
You are wholly responsible for arranging your own insurance. We reserve the right to request a copy of your insurance policy and/or a receipt showing payment of the premium, although we will not check this policy for suitability, and it will remain your responsibility at all times to ensure that you’re adequately insured.
It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Health requirements and recommendations may change, and you must check the up-to-date position in good time before departure.
[BTS] reserve the right to cancel the booking, without any liability for refunds, of any customer who cannot satisfy us that they have purchased suitable travel insurance in accordance with this clause. Furthermore, if you choose to travel with inadequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
8. Cancellations & Refunds:
8.1 Cancellation by you:
Because we start to incur costs in relation to your arrangements from the time, we confirm your booking, if you cancel we have to make a charge and the nearer to your departure date you cancel, the higher the charge will be. If you wish to cancel a confirmed booking you must do so by writing to us at firstname.lastname@example.org or by initiating a cancellation request online from your my account section on the website. Cancellation takes effect from the day we receive your email or request through my account section. Cancellation charges are shown in the table below and will be payable immediately on cancellation. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation:
8.1.1For tour packages booked before January 1st, 2021:
Unless otherwise stated under Booking Deposit, Cancellation & Refund policy tab on the tour overview head of the tour program which you are booking. The following cancellation policy applies.
- 75 days or more: Retention of tour deposit + any other amount paid for issuance of air/rail ticket.
- 74 days – 60 days: 30 % of the total package cost including deposit + any other amount paid for issuance of air/rail ticket.
- 59 days – 45 days: 50 % of the total package cost including deposit + any other amount paid for issuance of air/rail ticket.
- 45 days – 30 days: 75 % of the total package cost including deposit + any other amount paid for issuance of air / rail ticket.
- 29 days – 15 days: 90 % of the total package cost including deposit + any other amount paid for issuance of air/rail ticket.
- 14 days or less: 100 % of the total package cost including deposit + any other amount paid for issuance of air/rail ticket.
8.1.2. For tour packages booked on or after January 1st, 2021 under “special offers- Companion Free & Companion pays 50%”, “Flexi deposits” & “Flexi payments”.
18.104.22.168 For Bookings made under “Special offers- Companion Free & Companion pays 50 % offer.”
60 days or more:
All bookings made under companion free and companion pays 50 % offer are non-refundable, however a credit voucher of equivalent amount will be offered to be utilised until December 2023 for any other product sold on [BTS].
One free date change is allowed, provided the date change request is submitted on or 60 days before departure in writing. The difference in pricing from one date to another date will be applicable and the client will have to pay the difference in pricing at the time of amendment of travel date.
Transfer of Package: One transfer of package is allowed, provided the request to transfer of Package is submitted on or 60 days before departure in writing by paying a fee of USD 150 Per Person (or equivalent amount in GBP, CAD, AUD & INR), provided the transferee agrees to the transfer of package conditions laid down in clause 9
Under 60 days: Cancellations, date change and request of transfer of package received under 60 days is 100 % non-refundable, non-changeable and non-transferable under any circumstances.
22.214.171.124 For Tour packages booked under “Flexi Deposits” & “Flexi Payments”.
The following condition apply for bookings made under “Flexi Deposits” & “Flexi Payments”.
21 Days or more
- We will hold the deposit amount under a credit shell to be utilised for any tour bookings available on [BTS].
- One free date change is allowed, provide the date change request is submitted on or 21 days before departure in writing. The difference in pricing from one date to another date will be applicable and the client will have to pay the difference in pricing at the time of amendment of travel date.
- Transfer of Package: One transfer of package is allowed provided the request to transfer of package is submitted on or 21 Days before departure in writing, by paying a fee of USD 150 Per Person (or equivalent amount in GBP, CAD, AUD & INR), provided the transferee agrees to the transfer of package conditions laid down in clause 9.
Under 21 Days: Cancellations, date change and request of transfer of package received under 21 days is 100 % non-refundable, non-changeable and non-transferable under any circumstances.
126.96.36.199. For Bookings made under any other Special promotional offer or bookings made using a discounted coupon code:
Please refer to the tour specific Booking, cancellation and refund conditions terms mentioned in the Special promotional offer or coupon code used to book the tour package.
8.2Cancellation by us:
Our trips are guaranteed to depart once they have one fully paid traveller unless minimum group size specifically states otherwise (which will be stated in your Essential Trip Information and/ or the Special Conditions); or when Force Majeure (as defined in clause 24 Force Majeure) results in the cancellation of a trip or failure by you to pay the final balance or unavoidable and extraordinary circumstances. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
If we have to cancel your trip, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(a) a 100% credit of monies paid for your trip: or
(b) having a refund of monies paid after deducting 2% bank charges.
We will tell you the procedure for making your choice. Please read any notification carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
If you choose to accept a credit resulting from a cancellation under this clause 8.2 (Cancellation by us):
It does not have an expiry date and may be applied towards any other available trip offered by us.
It is not redeemable for cash.
It excludes flights or insurance as they will have their own booking conditions.
If you choose to accept a refund:
We would provide a refund after deducting 2% bank charges.
Any amount paid for travel insurance, air tickets, train tickets will have their own cancellation policies and the refund due to you on these accounts will be done after applying the cancellation policy of the specific service provider.
We are not responsible for any incidental expenses that you may have incurred because of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
No compensation will be payable and the above options for either a change or cancellation will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
9. Amendments and transfers of bookings:
Transfers to a third party are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. Certain fees may apply. Please note that there may be addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 21 days of departure.
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
that person is introduced by you and satisfies all the conditions applicable to the holiday.
We are notified not less than 7 days before departure.
You pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer; and
The transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, any cancellation charges as set out in clause 8 (Cancellation by you) will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Amendments to any other arrangements made in conjunction with your trip may incur additional charges levied by hotels, ground operators or airlines.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
10. Deferrals, Refund Credit Notes (RCN) and Customer Credit Vouchers (CCV):
Whether a Refund Credit Note or a Customer Credit Voucher has been extended, these entitle you to re-book a holiday for a future date by the expiry date listed.
The maximum value of our credit to you equates to the original amount paid to [BTS] for the booking plus any deferral incentive offered. If any unrecoverable costs apply to the original payment, you will be notified of these when the credit is linked to your booking. Should the credit note be cancelled by [BTS], the maximum refund value is as per the original amount paid to us, less any unrecoverable costs plus bank charges of 2 %.
They are valid until the listed expiry date and cannot be extended. Travel may be confirmed for any future dates (outside of the expiry limit) provided the replacement booking is paid in full before the applicable expiration date.
They are transferrable to family or friends unless otherwise stated. An alternate destination or tour can also be selected unless otherwise stated.
The full value of your credit note, or voucher will be allocated to the replacement booking, and partial refunds do not apply.
Optional Day Tours cannot be purchased with credit notes or vouchers.
If your original booking was deferred for any reason, and the replacement booking is cancelled more than 60 days in advance, a credit note will be offered. If the replacement booking is cancelled less than 60 days in advance, 100% of the total holiday cost will be forfeited.
Once you have chosen your replacement tour departure date and this has been confirmed by us, our Standard Booking Conditions will apply -including standard change and cancellation penalties. Please familiarise yourself with these conditions before securing your replacement booking, as some information may have been updated since your original booking was secured.
The land price of your trip includes:
All accommodation on twin sharing basis as listed on the Accommodation head of the specific tour package booked by you.
All transport listed on the tour overview and in the detailed itinerary head of the specific tour package booked by you.
All sightseeing and meals as listed in tour overview and detailed itinerary head of the specific tour package booked by you.
Services of local English-speaking guide in each city, unless otherwise stated in the tour overview head of the specific tour where a services of local English speaking trip manger throughout the tour is being provided in the specific tour packaged booked by you.
All airport transfers which constitute a part of your package as mentioned in the tour overview and detailed itinerary head of the specific tour package.
The land price of your trip does not include:
Any International, domestic flight to the city of the start of the specific tour package to join the tour on the specific start date of the tour package booked by you, unless specified in the tour overview head of the specific tour package booked by you.
Any airport, rail transfers involved in arriving to the city of the start of the trip before the commencement of the trip package as per the detailed itinerary specified.
Airport taxes and excess baggage charges unless specified.
Any meals other than those specified in the trip overview tab of the specific tour package booked by you.
Visa and passport fees.
Tipping, unless otherwise stated in the trip overview tab of the specific tour package booked by you.
Any sort of medical expenses involved during the trip.
Any sort of cost involved in repatriation of mortal remains in the event of death due to any unforeseen circumstances.
Any sort of cost involved in getting RT-PCR Tests.
Any sort of cost involved in quarantining.
Any sort of cost involved in trip delays or due to any unforeseen circumstances beyond the control of [BTS]
Any cost of optional activities and all personal expenses.
Any other expense incurred by you during trip or services used/availed by you not mentioned in the trip inclusions.
13. Trip curtailment, disruption and suspension:
In the event if the client decides to curtail or leave the trip in between for whatsoever may be the reason. No refund will be made for the remaining part of the services of the trip not utilised by the client whatsoever may be the reason.
In the event of force majeure circumstance as laid down in Clause 24, if [BTS] is forced to suspend, curtail the trip in between , no refund will be made by [BTS] for full or any remaining part of the trip or for any services not utilised by the client due to the curtailment , disruption or suspension of the trip by [BTS]under these circumstances.
14. Age & Health requirements:
Minimum Age: For the majority of our trips the minimum age is 18 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age: For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding, and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
For Indian Nationals: Those above the age of 70 years must all times be accompanied by a family relative of age 60 and below.
15. Additional terms:
For additional terms that apply to certain trips. Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.
16. Change of itinerary:
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a significant change, we will inform you as soon as reasonably possible if there is time before departure. The definition of a significant change is deemed to be a change affecting at least one day in five of the itinerary. When a significant change is made you may choose between accepting the changed trip; accepting an alternative trip if available and if offered by us (we will refund any price difference if the alternative tour is of a lower value) or having a refund of monies paid.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control, political disturbances, unrest, lockouts, lockdowns imposed by the government authorities, any act of God but not limited to fire, earthquake, flood, tsunami, volcanic disruptions, etc) or any other reason beyond the control of [BTS]. Where this occurs, we will, if possible, make alternative arrangements for you. Any additional cost incurred by us to make the alternative arrangements will be borne by you and payable at the time of availing these alternate arrangements. Please note we are not responsible for any incidental expenses that may be incurred because of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.
17. Authority on tour
Our trips are run by local group leaders. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and abide by the local laws laid down by the local government authorities.
18. Acceptance of risk:
You acknowledge that the nature of the trip may be adventurous, and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
19. Limitations of Liabilties:
In this section, reference to [BTS] also includes Service Providers.
[BTS] shall not be responsible for any injury, loss of life, damages or inconvenience caused to the person/property of the Client in connection with any services provided and/or included in the Tour, howsoever such injury, loss of life, damages or inconvenience is caused.
The Client understands that during the course of this Tour risks and dangers may occur, including but not limited to the hazards of traveling in mountainous terrain, jungles, rivers, and/or other unpredictable forces of GOD, nature, accidents, illness in remote places with or without medical facilities, diseases, (the quality of medical facilities may be very poor or even non-existent), natural disasters, wars, riots, kidnapping, terrorism, insurrections or other political or military upheavals. The Client, by participating in this Tour, acknowledges and voluntarily assumes the risks inherent therein, and acknowledges that [BTS] shall not be responsible for any failure to perform its obligations.
[BTS] herby gives notice to the Client that it acts as an Agent for various local and overseas Service Providers who have agreed to provide various services during the Tour. [BTS] has made its best efforts to locate reliable Service Providers but has no control over the quality of services of such Service Providers. [BTS] assumes no responsibility or liability for the quality (or lack thereof) of any services provided by the Service Providers or for any injury, damages, death, loss accident or delay caused thereby to the Client.
The Client acknowledges that he/she is aware that there are Travel Advisories, Travel Warnings and Government directives advising and/or prohibiting nationals of their countries from traveling to certain countries. There may be similar further directives issued from the time of booking to the actual date of the tour. The Client understands the inherent risks involved in traveling to such or any countries and voluntarily assumes the risks associated with any such travel, and the Client holds harmless [BTS] of any responsibility for any damage or injury to the Client or loss of property or life of the Client. [BTS] will not be responsible for any consequences that may flow from this choice of the Client. Client herby fully absolves and releases BTS from any such responsibility or liability and waives any right of action against [BTS] for any damage whether such damage is financial, personal or both. Client is aware that Travel Advisory may affect the travel and trip cancelation insurances.
Client acknowledges that they are solely responsible to determine that they are in sufficient good health to undertake the tour. There may be some days in certain tours that may require physical exertion, such as climbing stairs and walking on uneven terrain. In addition, client can expect early morning activities and long drives on rough roads. Some tours may also go through high altitudes, use of small boats and 4X4 vehicles. If client needs assistance with walking or other personal needs, client must be accompanied by an able companion to help as [BTS] may not be able to offer this kind of assistance.
RELEASE OF LIABILITY. Client is aware that this is a release of liability and a contract between the Client and BTS done of free will.
20. Exclusion of Liability:
In this section, reference to BTS also includes Service Providers.
Client acknowledges and understands that participation in the Tour involves many risks and dangers. The Client understands that known and unknown risks and dangers associated with the Tour may result in personal injury, death, property damage or loss.
The Client assumes and accepts, without limitation, all risks and dangers associated with their participation in the Tour. The Client waives any and all claims against [BTS] arising from or connected, directly or indirectly, with the Client’s participation in the Tour.
The Client releases [BTS] from any and all liability for any loss, damage, injury or expense that the Client, or their next of kin, may suffer or incur by reason of the Client’s participation in the Tour due to any cause whatsoever, including tort, negligence, breach of contract, statutory or other duties by [BTS] or anyone else.
The Client agrees to indemnify and hold harmless [BTS] for any liability for loss, damage, injury and expense suffered by the Client, and the Client will not make any claims against any persons who may claim contribution or indemnity or any other relief from [BTS].
The Client agrees to indemnify and hold harmless [BTS] for any claims due to the non-availability of the tour host (if any), of any particularly requested guides, or for non-materialization of any prescheduled meetings and activities originally part of the tour itinerary when such are beyond the control of [BTS].
21. Tour Size:
Each tour itinerary indicates the minimum and maximum/average group size.
22. Optional activities:
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
In the event that any term or condition contained in these Booking Conditions is unenError! Bookmark not defined.able or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
24. Force Majeure:
All activities mentioned in the tour program are subject to change without any prior notice are subject to operational approvals received from Government of India, State Government and statutory authorities. There can be exceptional circumstances where [BTS] Bestway Tours & Safaris Pvt Ltd, it’s agents, its affiliates, it’s staff or the end service provider may be unable to honour , operate , provide services as mentioned in the tour itinerary or confirmed at the time of reservation due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, lockdowns, curfews, terrorist activity, protests, any operational and technical issues, route and cancellations etc. or any other reason beyond the control of [BTS] Bestway Tours & Safaris Pvt Ltd. If [BTS] Bestway Tours & Safaris Pvt Ltd has advance knowledge of any such situations where dishonour of any bookings and services, may happen, it will make its best efforts to provide similar alternative to the client. In the event where [BTS] Bestway Tours & Safaris Pvt Ltd is not able to provide any services which constitutes the part of the entire tour package booked by the client due to Force Majeure reasons as stated above & any monies paid by the client to [BTS] Bestway Tours & Safaris Pvt ltd to be avail those services as a part of the complete tour package shall not be refunded by [BTS] Bestway Tours & Safaris Pvt Ltd. The client agrees that [BTS] Bestway Tours & Safaris Pvt, Ltd being merely a facilitator of the various services and products booked as a part of the complete tour package, cannot be held responsible for any such Force Majeure circumstance.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, [BTS] Bestway Tours & Safaris Pvt Ltd, obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge [BTS] Bestway Tours & Safaris Pvt Ltd from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the client.
In no event shall [BTS] Bestway Tours & Safaris Pvt. Ltd and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website https://www.bestway2india.com or any other Sales Channel.
[BTS] Bestway Tours & Safaris Pvt Ltd & its agents have made all reasonable efforts to check the accuracy of the information contained in this document, flyer and tour itinerary, website https://www.bestway2india.com or any other accompanying promotional documentation . The Company cannot however accept any responsibility for any errors or omissions that may appear in this flyer, presentation, website https://www.bestway2india.com . [BTS] Bestway Tours & Safaris Pvt Ltd has made all its attempt to ensure the safety and hygiene and follow all physical distancing norms as per the terms laid down by the Government of India, Ministry of Home affairs & State Governments and statutory bodies. Daily temperature checks of all group members on tour will be carried out. [BTS] Bestway Tours & Safaris Pvt, ltd , it’s agents or its staff , its affiliates and their respective officers, directors, lawful successors cannot be held liable for any hazard to health , safety , security and wellbeing of the client in the course of travelling on the tour or availing any, or all activities including adventure sports, elephant ride, jeep safaris , amusement park and rides , sightseeing or any other activity that may pose a threat of death or injury taken by the client as a part of tour package or his/her own while on the tour. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User attributable to [BTS] Bestway Tours & Safaris Pvt Ltd. In the event if any group member fells ill or contracts COVID-19, [BTS] Bestway tours & Safaris Pvt Ltd, will not be held liable and client hold harmless [BTS] Bestway Tours & Safaris Pvt, Ltd , it agents or its staff , its affiliates and their respective officers, directors, lawful successors and assigns from and against any claims in present or in future and all losses, liabilities, claims, damages, cost and expenses (including legal fees, hospitalization , medical expenses and disbursements in connection therewith and interest chargeable there on) incurred by the client. It’s the sole responsibility of the client to have adequate medical and travel insurance which may be required by the client to undergo any emergency medical treatment while travelling on the tour.