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 CRIMSON HOLIDAYS 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 Crimson Holidays LLP (LLPIN: AAA-0265) (A Limited Liability entity incorporated in India under the Limited Liability Partnership Act, 2009 with its registered office at 148/F,1 ST FLOOR,4 TH MAIN, 4 TH CROSS, HAL 3RD STAGE, BANGALORE, Karnataka-560075) and the booking terms mentioned herein below constitutes the entire agreement between the Client and Crimson Holidays LLP.
By making a booking with Crimson Holidays LLP 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 Crimson Website – https://www.crimsonholidays.in/ (“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.
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 Crimson Holidays 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, Crimson Holidays 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 Crimson Holidays sends a Tour confirmation letter to the Client after receiving the initial advance payments.
All payments are made electronically on the Website through the payment gateway services provided by the Third-Party Service provider engaged by Crimson Holidays.
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 or in some cases with the mention of the applicable taxes.
A. Crimson Holidays 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. Crimson Holidays, thus, does not own or operate any of the Services of these business partners. The Client, thus, accepts and acknowledges the following:
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. In some cases, if the meals are not included as part of the package, it will be mentioned as part of the itinerary and the cost of the same will be borne by the Client.
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. Crimson Holidays 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, Crimson Holidays / 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.
C. TRAVEL TO DESTINATION
Usually, Crimson Holidays books / 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 Crimson Holidays would receive the Client. Crimson Holidays services would begin at this point of time (“Start Time”) and end with the departure of the Client at the end destination (“End time”) and in some cases along with the air tickets as well (If included as part of the package)
All Tours are subject to availability and the price/deals are subject to change without prior notice. Crimson Holidays retains the right to cancel/amend or withdraw any price/deal/offer without assigning any reason. In the event of non-fulfilment of minimum participants for the group, Crimson Holidays 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 (Only Applicable if fully refundable services are booked)
(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. Crimson Holidays 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 Crimson Holidays / 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:
(D) Conduct: During the course of the Tour, the Client commits to:
(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 is met and the necessary travel documents, such as passports and visas (transit, business, tourist, and otherwise) are in order. Crimson Holidays 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. Crimson Holidays 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.
By registering for a Crimson Holidays 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 wilful 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.
At any given time, during the Tour, if the Client
Crimson Holidays 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, Crimson Holidays 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.
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 Crimson Holidays are only promotional offers and the terms of the scheme/s can be changed anytime thereafter without assigning any notice. Crimson Holidays also retains the right to withdraw or modify the scheme anytime without notice. It is totally at the discretion of Crimson Holidays to confirm or reject any booking under such schemes.
No Scheme would be applicable:
While making the query with Crimson Holidays, 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.
The Client agrees that there can be exceptional circumstances where Crimson Holidays 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 Crimson Holidays 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 Crimson Holidays being an agent for facilitating the booking services shall not be responsible for any such circumstances.
Crimson Holidays 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 Crimson Holidays 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 Crimson Holidays’. Neither shall Crimson Holidays be responsible for the delay or inability to use the Crimson Holidays’ related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Crimson Holidays’ services, or otherwise arising out of the use of Crimson Holidays Services, whether based on contract, tort, negligence, strict liability or otherwise.
Without prejudice to whatever is stated above, the maximum liability on part of Crimson Holidays 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 other charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Crimson Holidays for its services.
Acting in the capacity of aggregators, Crimson Holidays 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, Crimson Holidays cannot be held liable.
Crimson Holidays 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.
Crimson Holidays is committed to offer the best of the attention and services to each Client. While offering the information and services to the Client, Crimson Holidays would endeavour to ensure the utmost possible accuracy and quickness for the benefits of the Client. Crimson Holidays 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 Crimson Holidays 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 Crimson Holidays 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 Crimson Holidays cannot be held responsible for the same.
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 Crimson Holidays 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 Crimson Holidays LLP and Crimson Holidays 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.
Crimson Holidays LLP,
148/F,1 st Floor,4 th Main, 4 th Cross, HAL 3rd Stage, Bangalore, Karnataka-560075
E-mail: aravind@crimsonholidays.in
Website: www.crimsonholidays.in/
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