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Term & Conditions Ghume India Travel


1. Tour Contract

1.1 On booking with Ghume Travels (the “Company”) and accepting

the travel confirmation, the customer (“You”) will be bound by a tour


1.2 You can confirm a booking either in writing or orally (in person or by

telephone). You can also register for all the participants listed, for

whom You take the contractual responsibility just as you do for yourself,

provided You have undertaken a separate responsibility through

an explicit and separate declaration.

1.3 On confirming a booking  either in writing or orally, You will receive

a travel confirmation from your travel consultant. The contract is in

effect on acceptance of the travel confirmation.

1.4 If the content of the travel confirmation deviates from that of the last

trip proposal presented to You by your travel consultant, then the

Company will present a new trip proposal to which it will be bound

for the duration of 10 days, starting with the day on which it is presented.

The contract is effective on the basis of the new trip proposal,

if You declare your acceptance within the 10 day period mentioned


2. Payment

2..1 Upon confirmation of a booking, the Company will send to You a

travel confirmation along with an invoice for the  trip. The payment

schedule is as follows:

2.1.1 20% of the total price of the trip must be paid as an advance

to confirm a booking, immediately after receipt of the

travel confirmation and invoice from the Company;

2.1.2 the remaining 80% of the price must be paid at least 30

days prior to start of the tour.

2.1.3 If the booking is made and confirmed within four weeks of

departure, Conditions 2.1.1 and 2.1.2 above shall not apply

and You shall pay the entire amount (100%) of the bill upon

confirmation of the booking.

2.2. Upon receiving the final payment, the Company will send You all the

hotel vouchers and other relevant travel documents required for the


2..3 The payments above shall be made provided the tour can is not

cancelled for reasons mentioned in Conditions 7.2. or 7.3 below.

3. Services

3.1 The services to be provided by the Company, which are contractually

agreed upon, are those mentioned in the service description in

the trip proposal and the details related to this shall be given in the travel

confirmation which You will receive. The details contained in the trip

proposal are binding upon the Company.

3.2 However the Company reserves the right to declare a change in the

details before making the travel confirmation, of which the tourist is

naturally informed before booking.

4. Change in services

4.1 Changes in or deviations from the individual tour services mentioned

in the agreed contents of the travel confirmation, which become

necessary after making the contract and which have been effected by

the Company in good faith are allowed only as long as the changes

or deviations are not significant and do not detract from the overall

plan of the tour.

4.2 Any guarantee claims remain intact, if the changes in services are


4.3 The Company shall be obliged to inform You immediately regarding

any changes or deviations in the service. If required, the Company

will offer You a change in booking free of cost or cancellation free of


4.4 In case, in the opinion of the Company, there is a significant change

in an important service then You may withdraw from the contract

without paying any charges or You may demand booking on at least

an equivalent tour if the Company is in a position to offer such a tour

without extra charges to You. You must exercise this right immediately

after the Company declares the proposed change to your tour.

5. Withdrawal by the customer, changes in booking, substitutes

5.1 You can always withdraw before the start of the tour. The date of

cancellation is the date on which the company receives notice of

Your withdrawal.

5.2 Penalties related to the cancellation of a tour with the Company are

summarized below.

Cancellation Penalty Schedule:

Cancellation 30 or more days prior to departure: You shall forfeit

20% of the value of the trip.

Cancellation 15-29 days prior to departure: You shall forfeit

30% of the value of the trip.

Cancellation 7-14 days prior to departure: You shall forfeit 50%

of the value of the trip.

Cancellation 1-7 days prior to departure: You shall forfeit 65%

of the value of the trip.

Cancellation / shortening of trip after start of trip: You shall forfeit

100% of the total value of the trip.

5.3 Until the start of the tour You can demand that instead of you a third

person may be allowed to take over the rights and obligations of the

tour contract. The Company can oppose the entry of the third person

if he does not fulfill any particular travel requirements or if his participation

is against the legal stipulations or official arrangements. If a

third person enters into the tour then he and You will be responsible

as joint debtors towards the Company for the tour costs and the extra

expenses arising due to the entry of the third person.

6. Unused service

If You do not use some tour services due to early return or other compelling

reasons, then the Company shall try to get compensation from the

service providers for the expenses saved. This obligation is not applicable

if these are wholly insignificant services or if the compensation is against

legal or official regulations.

7. Cancellation of the contract due to extraordinary circumstances

7.1 If after signing the contract the tour is hampered, endangered or

obstructed due to circumstances beyond one’s control then the

Company as well as You can terminate the contract. If the contract is

terminated then the Company can demand appropriate compensation

for the tour services already provided or to be provided for ending

the tour.

7.2 Further, the Company has the obligation to take all necessary steps to

bring You back, especially if the contract includes return journey.

The additional costs for the return journey must be borne by both

parties equally. In other cases, You shall bear the extra cost.

8. Liability of ghume India-Travels

8.1 Within the framework of obligation of scrupulousness of an upright

businessman the Company is liable as under:

1. Conscientious travel preparations;

2. Careful selection and monitoring of the service provider;

3. Correctness of the description of all the tour services mentioned

in the trip proposal if the Company has not declared a change in the

trip proposal before presenting the travel confirmation as per point 3;

4. Proper provision of the tour services agreed upon.

8.2 The Company is responsible for any fault of any person providing the


9. Guarantee

9.1 Remedial Measures

If a tour does not take place according to the contract, then You can

demand remedial measures. The Company can refuse the remedial


measures if it entails disproportionate expenses. The Company can

also provide remedial measures in such a way that it provides an

equivalent substitute service. The Company can refuse the provision

of remedial measures if it entails disproportionate expenses.

9.2 Reduction in the tour cost

You can demand a corresponding reduction in the tour cost for the

duration of the tour not made as per the contract. (Reduction). The

traveling cost is reduced in proportion to the real value of the tour at

the time of booking if it had taken place under proper conditions. No

Reduction shall be given if You intentionally refrain from pointing

out the defect.

9.3 Termination of the contract

If the tour is hampered significantly due to a defect and the Company

does not offer any remedial measure within a reasonable period of

time, then You can terminate the tour contract within the framework

of the legal regulations - in your own interest and for reasons of perpetuation

of proof suitably through a declaration in writing. The same

is applicable if You cannot undertake the tour as a result of a defect

for an important reason known to the Company. You shall pay to the

Company the portion of the tour cost for the services availed of, if

these services were important to You.

9.4 Compensation

You can demand compensation irrespective of the reduction or the

termination unless the defect in the tour was due to a situation,

which was beyond the control of the Company.

10. Limitation of liability

10.1 The contractual liability of the Company for damages, which are not

physical, is limited to three times the tour price,

1. if the loss to You is caused neither intentionally nor carelessly or

2. if the Company is solely responsible for the loss caused to You

due to the fault of a service provider.

10.2 The Company is liable for the material damage up to EUR 4.100.- for

all damages claimed from the organizer for unauthorized action,

which are not based on intent or negligence; if the three times tour

cost exceeds this sum then the liability for material damage is restricted

to three times the tour cost. These maximum sums of liability

are applicable to each traveler and tour.

10.3 A claim for damage compensation against the Company is restricted

or excluded insofar as a claim for damage compensation can be

made against the service provider only under certain preconditions

or is excluded under certain preconditions due to an international

agreement or the legal regulations based on the same, which are applicable

to the services provided by the service provider.

10.4 If the Company holds the position of a contractual airfreight carrier

then the regulations of the air transport law in conjunction with the International

Treaty of Warsaw, The Hague, Guadalajara and the Montreal

agreement (only for flights to the USA and Canada) are applicable

for the liability. These treaties generally restrict the liability of the airfreight

carrier to death or physical damage as well as for losses and

damages to the cargo. If the Company is a service provider in other

cases then it is liable as per the regulations applicable in such cases.

10.5 If in case of sea journeys the Company is in the position of a contractual

ship owner, then the liability is also according to the regulations

of the commercial code and the inland navigation law.

11. Obligation to cooperate

11.1 You must cooperate in case of disruption in the service within the

framework of the legal regulations, to avoid any damages or to keep

them at a minimum.

11.2 You must immediately inform the local tour management about any

complaints you might have. The management is authorized to provide

remedial measures, if possible. If You intentionally refrain from

pointing out a defect, then You cannot make a claim for reduction.

12. Disqualification of claims and limitations

12.1 You should submit any claims regarding non-provision of tour services

as per the contract to the Company within one month after the

end of the tour as per the contract. After the claim period You can

submit a claim only if You could not adhere to the timeframe for reasons

beyond your control.

12.2 Any claims that You might make as per §§ 651 c to 651 f BGB come

under the statute of limitations in one year. The limitation begins the

day on which the tour should have ended as per the contract. If the

negotiations between the Company and You regarding the claim or

the reasons based on the claims are suspended, then the limitation is

held back until You or the Company refuses to proceed with the negotiations.

The limitation starts 3 months after the end of the restraint.

13. Passport, Visa and health regulations

13.1 The Company takes the responsibility of informing the citizens of a

country, in which the tour is offered, on the rules for passport and

visa requirements as well as of any possible changes before the start

of the tour. The relevant consulate will give information to citizens of

other countries.

13.2 The Company shall not be responsible for timely issuing and access

to the necessary visa by the relevant diplomatic agency, if You have

authorized the Company to get the same, unless the Company is responsible

for the delay.

13.3 You are solely responsible for adhering to all the regulations important

for the tour. All disadvantages, especially the payment of withdrawal

charges, which arise due to non-adherence to the regulations,

are to be paid by You except if they are caused due to wrong or noninformation

by the Company.

14. Ineffectiveness of individual regulations

The ineffectiveness of individual regulations of the tour contract does not

result in ineffectiveness of the whole tour contract.

15. Jurisdiction

You can sue the Company only at the place of its global headquarters in

Delhi, India. For complaints by the Company against You, your

place of residence is valid unless the complaint is against persons, who

have migrated from their place of residence or regular place of sojourn to

a foreign country after signing the contract, or if their place of residence or

the regular place of sojourn at the time of filing of a claim is not known. In

such cases the jurisdiction in which the headquarters of the Company are

located is valid.

January 2011

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