THE SERVICES ARE OFFERED TO THE TRAVELLER (Referred to as the ‘Client’ in this agreement) CONDITIONED UPON ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS. THE CLIENT IS REQUESTED TO READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CONTACTING BEYONDER EXPERIENCES LLP, THE CLIENT AGREES THAT THE TERMS THEN IN FORCE SHALL APPLY. ACCEPTANCE OF THESE TERMS IS DEEMED TO BE ACCEPTANCE OF THE TERMS LISTED ON THE WEBSITE AS WELL.
All bookings here are made with Beyonder Experiences LLP, India (“Beyonder”) (LLPIN:AAD-7980) (A Limited Liability entity incorporated in India under the Limited Liability Partnership Act, 2008 with its registered office at 1st Floor, 1194, Anugrah, 1st E Main, Girinagar 2nd Phase, Bangalore – 560085) and the booking terms mentioned herein below constitutes the entire agreement between the Client and Beyonder. By making a booking with Beyonder and/or depositing payments for the tour and travel services (the ‘Tour’) the Client confirms to having carefully read, understood and accepted the below mentioned ‘Terms of Services’ and the sections ‘Legal’ and ‘Privacy / Data Protection’ listed on the Beyonder Website – beyonder.travel (“Website”). The Client confirms that the other travellers on behalf of whom the booking has been made (in the group) have been explained all the terms and conditions mentioned herein and has their concurrence. The term ‘Client’ in this Agreement would include reference to all the travellers on whose behalf the booking is made.
Visitors on the Website/Clients are requested to fill the Enquiry Form with all necessary fields mentioned there and submit the same to be sent to Beyonder. Upon receipt of the booking request or travel enquiry, the Client will either be directed to the Payment site or (in case of customization or otherwise) a travel consultant from Beyonder will get in touch with the Client with the relevant information and best available offers for the desired tour package or travel services. In the event the travel requirements are not clear in the booking form submitted by the Client, Beyonder may contact the Client via email or phone no provided in the booking form.
All Tours are subject to availability even in cases where the payment is made in advance on the Website. No booking is considered as ‘confirmed’ unless Beyonder sends a Tour confirmation letter to the Client after receiving the initial advance payments.
2. PAYMENTS & INVOICES
All payments are made electronically on the Website through the payment gateway services provided by the Third Party Service provider engaged by Beyonder.
Invoice and Taxes: An Invoice is issued for all Tour bookings post the confirmation. All rates mentioned on the Website or on email quotes are exclusive of all applicable taxes.
3. TRAVEL MANAGEMENT SERVICES / PROCESS
A. Beyonder curates, manages and enhances the Travel experiences of the Client. In this process, it aggregates the services of various on-ground and other partners (Local Service Providers) to facilitate a smooth travel experience for the client. Beyonder, thus, does not own or operate any of the Services of these business partners. The Client, thus, accepts and acknowledges the following:
i. The Client should adhere to the conditions, rules and regulations of each Local Service Provider.
ii. Accommodation: The Tours includes accommodation in handpicked hotels selected by Beyonder based on the experience of its travel consultants, market report and/or recommendation of our past travellers.
In the event of non-availability of hotel/s listed in the trip itinerary, Beyonder retains the right to reserve another similar standard hotel for the Client. All hotels are subject to availability. Beyonder requests its Clients to check on the Internet about the standard of the hotels offered.
The Client should check the hotel rules to check what the mealtimes, at which they should be available. It is the Client’s responsibility to compensate to the hotel for any damages made to the property or the belongings of the property. At the same time the Client should refrain from acting in a manner which may result in compensation claims from any other guests in the property. The Client will need to settle any such claims on their own.
Most Tours are inclusive of hotel breakfasts. Some trips also include special lunches in the hotel of stay or outside in city restaurants. Some of the tours are even inclusive of all meals (Adventure trips, jungle lodges and camps mainly), which are mentioned in the list of inclusions and/or will be conveyed during the course of correspondence.
iii. Food: The Client understands that the type of food available is subject to local constraints and traditions / diets. In case of any special diet requirements, the Client will have to make their own pre-arrangements and Beyonder cannot be held responsible for the same.
iv. Transportation: Beyonder will make its best efforts to provide reasonable transportation on a group basis. However, the Client recognizes that ‘reasonableness’ is restrained by the local availability and considerations of cost. Unless otherwise mentioned, private and exclusive transportation would not be provided.
v. Adventure Tours: Specifically in the case of Adventure tours, the Client recognises that the standards of accommodation, transport, safety, hygiene, level of infrastructure development and medical facilities, and telecommunication services would not necessarily the same as one may be used to at home, or one would find on a conventional holiday. An Adventure holiday inherently involves a higher level of personal risk than a ‘conventional holiday’ and the Client confirms full understanding of the same and releases Beyonder from any liability in this regard.
B. INCLUSIONS AND EXCLUSIONS TO TOUR PACKAGES
The list of inclusions and exclusions for the Tour is mentioned on the Website and/or in the correspondence sent to the Client. Beyonder does not take the responsibility of providing any other service/item, which is not a part of the communication. For any additional service or booking requested by the Client before the commencement of the Tour or during the Tour or at the end of the Tour, Beyonder / its team will act responsibly and will try to offer the same to the Client at additional cost depending on the availability of the service/booking requested by the Client.
Most Tour packages’ offered by Beyonder are inclusive of accommodation in hotel/guest house/resorts, transportation in a private car (for private trips) or in a coach/bus (for group tours), breakfast, services of local tour guides (where available) for visiting historic sites and basic entertainments for the trip. The same may vary on case-to-case basis and is clearly specified on the Tour Details on the Website or in the communication by Beyonder for customized trips.
ii. Specific Exclusions
The Tour packages do not include international air tickets, domestic flight tickets, Travel/Medical insurance, visa charges, tips, camera/video camera fee at monuments and museums etc. Personal expenses such as rinks/laundry/telephone/mini bar bills etc are payable by the Client to the respective Local Service Providers in addition to the Package price.
C. TRAVEL TO DESTINATION
Usually, Beyonder does not book / manage air-travel itineraries for its Clients. The Client has to ensure their availability on the given date at the start destination of the itinerary, where a representative of the local partner of Beyonder would receive the Client. Beyonder services would begin at this point of time (“Start Time”) and end with the departure of the Client at the end destination (“End time”).
4. CANCELLATION AND REFUNDS POLICY
All cancellations must be intimated to Beyonder on email at email@example.com. Telephonic cancellation will not be accepted as ‘cancellation request’. Beyonder follows the Working hours of India i.e. Indian Standard Time 09:00 AM to 06:00 PM. A cancellation request received during Working hours on Working days would be deemed to have been received immediately. If received during holidays or Saturday / Sunday in India, the same would have been deemed to have been received at the start of the Working hours on the immediately following working day.
In general, Beyonder does not ‘profit’ from cancellations. However, it is only fair that expenses incurred / efforts undertaken are compensated fairly. The general cancellation policy is to charge the Client for the actual expenses incurred by Beyonder in paying its local partner/others in addition to other reasonable charges for the effort incurred by Beyonder, bank charges etc..
The quantum of Cancellation charges depend on each itinerary and other factors like the popularity of the activities included in the itinerary, policies of third parties like permit issuing authorities etc.. and hence it is not possible to enumerate a standard cancellation charges structure.
The cancellation charges would be intimated individually to each Client on receipt of a cancellation request. Beyonder would endeavor and do its best to negotiate the lowest level of cancellation charges.
Notwithstanding and in addition the generality above, in cases where the cancellation is done lesser than 2 weeks prior to start of the trip, the entire amount of the Tour fees would be forfeited as cancellation charges.
All refunds will be made within 30 days after completion of the cancelation process and receiving the refunds from various Local Service Providers including flight, hotels etc. Refunds will be made only via bank transfer to the bank account of the Client. All bank fees/charges incurred during the process of refund will be borne by the Client only and would be in addition to the Cancellation Charges.
5. CHANGE IN THE PRICE OF THE TOUR
All Tours are subject to availability and the price/deals are subject to change without prior notice. Beyonder retains the right to cancel/amend or withdraw any price/deal/offer without assigning any reason. In the event of non-fulfillment of minimum participants for the group, Beyonder shall guarantee the trip with minimum possible supplement cost which will be announced to the Client before the commencement of the trip.
In case the Client does not agree to the changes in the prices, a full refund would be made without any cancellation / Bank charges.
6. OBLIGATIONS OF THE CLIENT
a. Responsibility for Actions: Each Client shall solely be responsible for their own actions. Certain activities in the trip may be harmful, dangerous for some of the Clients. It is however the responsibility of each such Client to take sufficient precautions and safeguards. It is the responsibility of the Client to understand the associated risks and on their accord indulge in the activities. Beyonder shall not be liable for any negligence (wilful or otherwise) or misconduct on part of the Client.
b. Punctuality: The onus for timely delivery of the Services in the Tour equally vests with the Client. If the Client misses any service due to unpunctuality, there would be no refund for the same. The delivery of each element of the Tour is bound by certain time restrictions concerning maximum driving hours per day and per week, or time for meals, departure of flights, train timings etc., and the itineraries are planned having regard to the same. It is therefore, essential that the itineraries, schedules and timings are strictly adhered to by the Client so as to ensure that all the services can be duly provided. It is advisable that the timelines are checked and verified as provided by Beyonder / Local Service Provider prior to travel.
c. Compliance with laws: The Client commits to comply with all the Local laws and regulations or the laws of the country of origination and other general International laws / regulations. Prohibited / illegal activities include specifically but are not limited to engaging in the following activities:
c.i. Any form of Human trafficking
c.ii. Trafficking protected wild animals, exotic plants and endangered wood products.
c.iii. Purchasing of products that are made using endangered plants or animals.
c.iv. Buying stolen or illegally excavated or looted artefacts, antiques
c.v. Usage or trafficking of drugs or substances prohibited by law
c.vi. Buying counterfeit goods
c.vii. Possession or usage of Arms of any kind
c.viii. Harassment or sexual exploitation of any individual
c.ix. Verbal abuse of any form
d. Conduct: During the course of the Tour, the Client commits to:
1.i. General polite and orderly conduct during the Tour
1.ii. Obedience to the instructions (especially safety) of the Tour / Package conductor / lead / guide.
1.iii. Sensitivity to / honouring the customs and traditions of the local people
1.iv. Respect Cultural resources
1.v. Respect Human rights especially the rights of Children
1.vi. Respect for the environment by not getting involved in any activity causing a significant damage to the environment / forests / natural resources.
1.vii. Take photographs of the local people only with prior permission
1.viii. Adherence to the UN-WTO code on Responsible Tourism – www.bearesponsibletraveller.org
1.ix. Adhere to the fundamental principles enunciated in the UN-WTO Global Code of Ethics for Tourism.
e. Local Laws and Culture / Customs / Traditions / beliefs / religion (collectively terms as ‘local Culture’): The Client should recognise that each Country / community has its own culture and legal systems and it is the bound duty of the Client to respect the same. While it may be acceptable or legal in the home country, the Client should be careful or sensitive in practicing or publicly displaying their beliefs / activities, which may conflict with the cultural and legal systems of the destination country.
f. Passport / Visa / Travel Requirements: the Client must consult the relevant Embassy or Consulate for Visa information pertaining to the Destination country. Requirements may change and the Client should check for up-to-date information before booking and departure. The Client is urged to review travel prohibitions, warnings, announcements, and advisories
issued by the relevant governments prior to booking travel to the destinations. The Client is responsible for ensuring that foreign entry requirement of the relevant country are met and the necessary travel documents, such as passports and visas (transit, business, tourist, and otherwise) are in order. Beyonder accepts no responsibility or liability (for refund of expenses or otherwise) if the Client is refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries that the Client may be transiting through.
g. Health: The Client should consult their doctor for current recommendations before departure. Recommended inoculations for travel may change – it is the Client’s responsibility to ensure that all health entry requirements are met, to obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to the trip.
h. Travel Insurance: The Client is mandatorily required to take adequate Travel insurance for the full duration of the tour in respect of illness, injury, death, medical evacuation, loss of baggage and personal items, cancellation and curtailment – including the travel to the Destination country. The choice of the Insurer is the sole discretion of the Client. Beyonder will not be responsible for taking insurance on behalf of the Client and it cannot be held responsible for any losses caused due to non-availment of insurance.
7. ASSUMPTION OF RISK
By registering for a Beyonder Tour, the Client acknowledges, especially in case of tours which have an ‘adventure’ component, that they are aware that some Tours involve potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury, or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The Client further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible during some or all of the time during which he/she is participating on the Tour.
8. EXCLUSION / REMOVAL FROM THE TOUR
At any given time, during the Tour, if the Client
a) engages in illegal or undesirable behavior or
b) does not comply with the reasonable instructions and policy of the Local Service Providers or
c) jeopardises the safety of other clients, guides, drivers etc, or
d) violates any of the local laws / regulations, International rules or fails to adhere to the orderly conduct during the tour (as mentioned in clause 4 and 5 of the section ‘Obligations of the Client’ or
e) generally violate any of the terms of the section ‘Obligations of the Client’,
they may, at Beyonder’s discretion, be excluded / removed from the trip immediately. In this event, the Client, at the discretion of Beyonder, may be given a refund of the Unutilised services, subject to the policy and decision of airline, hotels etc. The refund will not be immediate but will be done as per the policy of Beyonder through the banking channels only.
9. UNUTILIZED SERVICES
Beyonder Experiences LLP, its staff, management, partners or representative do not bear the responsibility or liability of making refund for any un-utilised service/s. It is to be noted strictly that after the start of the trip no refund is possible for whatsoever reason. In the event of agreement by any airline, hotel etc for refund against any un-utilised part of the service or item etc, Beyonder shall take up the matter on the behalf of the Client and shall only offer its assistance to the Client in receiving the same from the Local Service Provider. Such refunds shall be sent only to the bank account of the Client within 2-3 weeks after receiving the same from the Local Service Providers.
10. SPECIAL SCHEMES, DISCOUNTS AND OFFERS (Scheme(s))
None of the two (or more) schemes/ offers / deals (including loyalty discount, last minute discount, early bird discount etc) can be clubbed with each other or any other offer. All such schemes and offers introduced by Beyonder are only promotional offers and the terms of the scheme/s can be changed anytime thereafter without assigning any notice. Beyonder also retains the right to withdraw or modify the scheme anytime without notice. It is totally at the discretion of Beyonder to confirm or reject any booking under such schemes.
No Scheme would be applicable:
a) for travel during peak tourist season dates, like New year or Christmas period, festival dates, luxury train bookings etc.
b) for the trips already booked with Beyonder under a normal price.
c) to air fares, train bookings, luxury train travels, permits, visa, travel insurance, monument / museum tickets, extra meals and/or pre/post tour arrangements.
While making the query with Beyonder, the Client should clearly mention the details of the special offer under which the Client wishes to book the trip. Services and bookings for all schemes and offers are subject to availability only.
11. FORCE MAJEURE
The Client agrees that there can be exceptional circumstances where Beyonder or the Local Service Providers like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, VIP movement, government decisions, operational and technical issues, route and flight cancellations or any other emergency beyond the parties’ control. If Beyonder is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its Clients or refund the booking amount after reasonable service charges, if supported and to the extent the same is refunded by that respective Service Providers. The Client agrees that Beyonder being an agent for facilitating the booking services shall not be responsible for any such circumstances.
Beyonder shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the Client affected will promptly be given notice as the situation permits.
In no event shall Beyonder and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Beyonder’s Services. Neither shall Beyonder be responsible for the delay or inability to use the Beyonder’s related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Beyonder services, or otherwise arising out of the use of Beyonder Services, whether based on contract, tort, negligence, strict liability or otherwise.
12. LIMITATION OF LIABILITY
Without prejudice to whatever is stated above, the maximum liability on part of Beyonder arising under any circumstances, in respect of any services offered, shall be limited to the refund of total amount received from the Client for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Beyonder for its services.
Acting in the capacity of aggregators, Beyonder shall make best efforts to ensure the services requested are provided to the best capabilities. However in the event of any unforeseen discrepancy in services solely attributable to the Local Service Provider, Beyonder cannot be held liable.
Beyonder or its Local Service Providers would be not responsible for accidents, injuries, death, or loss of personnel effects; provided they have not been negligent in the performance of their duties. The Client understands that during the course of the tour certain Force Majeure events may occur, including, but not limited to, accident or illness in remote places without medical facilities, political instability and the forces of nature.
Beyonder is committed to offer the best of the attention and services to each Client. While offering the information and services to the Client, Beyonder would endeavour to ensure the utmost possible accuracy and quickness for the benefits of the Client. Beyonder would try to ensure that the information provided through the Website/s, brochures, advertisements, promo and during the course of correspondence is true and complete to the best of its knowledge but its management & staff, representatives, partners neither guarantee nor take any liability for completeness and update of the same.
The Client agrees to indemnify, defend and hold harmless Beyonder and/or its affiliates, local partners, from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Beyonder and/or its affiliates or local partner, which may result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Client pursuant to this Agreement.
The Client shall be solely and exclusively liable for any breach of any city / country specific rules and regulations or general code of conduct and Beyonder cannot be held responsible for the same.
14. EXCLUSIVE JURISDICTION
All suits in connection with, or incident to, this Agreement shall be litigated, if at all, in the courts of the Bangalore, Karnataka, India, to the exclusion other courts of any other state/country.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior negotiations, commitments, representations, communications and agreements relating to this Agreement either oral or in writing except to the extent they are expressly incorporated herein.
The Client while making a use of the information and services offered by Beyonder understands and agrees to full compliance with the term of use of the Website and this Agreement. The Client is aware that the content, logo, trademark/s and other information posted on the Website is the sole property of Beyonder Experiences LLP and Beyonder has put huge amount of time, energy, knowledge and funds to collect and design the information/ products on the website. The Client confirms their consent for not copying and/or making any commercial use of the same for their financial gain.
17. CONTACT / COMMUNICATION
Beyonder Experiences LLP
2nd Floor, Building No. 13-14, SV Complex, Opp. Corporation Bank, Kothanur Main Road,
JP Nagar 7th Phase, Bangalore 560078