AGREEMENT BETWEEN USER AND DESIRE HOLIDAYS PVT LTD,

www.desireholidays.co.in web site is operated by Desire Holidays Pvt Ltd. Desire Holidays Pvt Ltd, and its subsidiaries and affiliates require all visitors to this website (“Site”) to adhere to the following terms and conditions. By accessing this Site you indicate your acknowledgement and acceptance of the terms and conditions herein.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Desire Holidays Pvt Ltd, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Desire Holidays Pvt Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. All trademarks and copyrights are property of their respective owners. Every effort is made to keep the website up and running smoothly. However, [Desire Holidays Pvt Ltd] takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

This web site (www.desireholidays.co.in) is published and maintained by Desire Holidays Pvt Ltd, a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub-site through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site. Sub-sites may contain such additional terms and conditions of use as may be set out in such sub-site.

DESCRIPTION OF SERVICES IN THE WEBSITE:

We upload the web-pages several months in advance. Naturally, the web-pages describe the then available services as accurately as possible. However, factors and circumstances beyond our control like traffic problems, weather conditions, fairs, festivals, sport events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, over booking of hotels/flights, cancellation/ re-routing of flights or railway, closure of / restricted entry at a place of sight-seeing may result in changes in the services / itineraries. We therefore, reserve the absolute right to alter, amend, change or modify the Tour Package, Itineraries, Tour Schedule, the Travel Plan and sightseeing. Where we may know of these sufficiently in advance we would notify you, otherwise our Tour Managers or local representative/s would inform you of the changes on the spot.

In case the alternate arrangements made are materially superior as compared to the ones described in the website, we may charge extra for the same anytime.

The services to which the Client is entitled to are described in the Website and/or the price grid or the concerned Invoice as the case may be. Please note that neither our staff members nor you are authorized to promise any service or facility over and above the mentioned ones and agree upon at the point of sale.

ITINERARY CHANGES

For the comfort and convenience of the Clients; we would sometimes amend the itinerary. The Company would also try to inform the Client about these changes, prior to the start of the tour or during tour if that be possible.

I. DEFINITIONS

The Client means the person/s in whose name and/or whose behalf the Booking is made and/or whose name appears on the Booking Form, Invoices and Service Voucher and includes every person availing the services of the Company.

SERVICES OFFERED

All the services given below are fully available on this website. Desire Holidays Pvt Ltd, is not responsible for any limited services being offered by our suppliers.

ELIGIBILITY

Persons fulfilling the criteria set by relevant provisions of law relating to foreign exchange in India and R. B.I. Rules, whose passport is valid for at least six months subsequent to the date of departure of the tour and have been granted relevant visas to reach the point of commencement of the tour and travel throughout with the group / individual basis are eligible to book on the tour.

BOOKING

You have been supplied with complete details of the Tour Arrangement / Itinerary / Price Grid and these Terms and Conditions for the relevant tour. You shall read the same carefully before filling and signing the Booking Form and the Terms and Conditions. You shall pay the non-refundable interest free booking deposit as per our company product policy at the time of booking. The Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties. In case of one or more but not all the Clients signing the Booking Form / Terms and Conditions, it shall be deemed that the others have duly authorized the concerned signing the Client/s to do so. In case you sign the Booking Form for and on behalf of the persons named in the Booking Form, it shall be deemed and construed that the Clients have duly authorized you to sign on their behalf. The signing of the Booking Form and the Terms and Conditions by the Client or by you shall reconfirm the acceptance of the Terms and Conditions contained herein by the Client/s in totality.

The Company reserves the right to decline to book any person/s for any Tour or to cancel their booking without assigning any reason.

No person including the Employee/s the Company or yourself have the authority to alter, amend, or waive any stipulation, representation, term or condition set forth in this document. Assurance if any, which is contrary to the terms and conditions given shall not bind the Company.

The Company has the right at any time to :

In either of the above cases, the Company shall not be liable for any refund / compensation whatsoever.

BOOKING AND DEPOSIT

You should produce the original Identity Proof / Aadhar Card / Passport of the persons travelling at the time of booking.

Along with the Booking Form, you shall enclose the non-Refundable Interest Free Deposit amount.

Reservations & Payments

Reservation : An initial deposit of 30% of tour cost is required to secure your reservation.

Final Payment : A deposit of rest of the payment as per your selected tour is required 30 days prior to commencement of tour or as per agreed at the time of confirmation of the tour.

Making Final Payments

Final payments are due 30 days prior to trip, depending upon the program. See the Deposit, Final Payment, and Cancellation Fees schedule included in this Tour Participation Agreement for payment due dates for specific programs. Reservations may be put on a waitlist or canceled if payment is not received by the final payment due date. Should this occur, cancellation charges will apply. All prices are stated in INR / USD / GBP / Euro, per person, and based on double occupancy (twin sharing), unless otherwise noted.

INSURANCE

It is mandatory that you purchase an Overseas Medical and other Insurance Policies to cover the risk to life, limb and property whilst on tour for the duration of the trip.

It may be noted that the tour cost does not includes the insurance premium and that the Clients shall have to acquire the same at their cost. In case if the cost of the insurance is included in the tour or you want us to obtain the insurance policy for the above purpose, such policies would be for cover for the duration of the trip and relate to persons below the age of 60 years. You have to check the accuracy and correctness of the policies so obtained and in case of any errors or lapses report the same to the Insurance Company and get the same rectified as the company would not be responsible for the same.

It shall be your duty to inform the Company in case the Client has any medical condition that may affect his ability to enjoy and pursue fully the Tour Arrangements and wherein the interest of the Group or any member thereof is prejudicially affected. The Company reserves the right to ask any Client to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed, the Company is not be liable to provide any assistance or money back.

TRAVEL ON YOUR OWN

If the Client wishes to travel by his own Air Tickets, he must provide us with correct travel details. The Company does not take the ownership of any alteration in the plan arising due change in airline schedule.

AIRLINE CONFIRMATION

Though the ticket issued to the Client for a particular sector may have confirmed status, due to overbooking of seats the airline may offload any passengers and accommodate him on a subsequent flight for which the company will not be responsible.

If a client on an escorted tour wants to return on a date subsequent to the date on which the escorted tour ends, and in case of a client on individual tour, it shall be solely the responsibility of the Client to re-confirm the air tickets 72 hours prior to the departure.

MISCELLANEOUS

HOTELS

As the Client would be out sightseeing most of the time and retire to room only for the night, the Company selects hotels at locations, which give comfort and value for money. Hence depending on the day-to-day itinerary, the hotel may be confirmed either in the city or away from the city centre. The Company recommends that a double room be shared by not more than 3 persons, as a triple room is normally of the same size as a double room. In case of a triple room, the third bed is a rollaway bed or cot.

A child travelling for whom "without-a-bed" charge has been paid would not be entitled to a separate bed in the hotel. In case "with bed" charge has been paid for the child and the Client decides not to avail such facility whilst on the tour, he would not be entitled to any refund. In case the Client decides to seek extra bed for the child booked on "without bed" basis on the tour subject to availability, then he shall be bound to pay additional amount charged to them by the concerned hotel directly.

In case of a request in writing at the time of booking by the Client for preference of rooms, the Company would make every effort for the same; however, as room allocation is done by the hotel management there is no guarantee in this regard.

BAGGAGE

The Client travelling by air would be subject to the airline restrictions / limitations on baggage weight / size / number, currently which for Economy Class is 15 Kg for Domestic & 23 Kg for International and one hand bag (cabin luggage) not exceeding 7 kg per person except for flights to USA and Canada, where the passengers are permitted to carry two pieces of checked-in baggage and one hand bag.

All baggage and personal effects are at all times and in all circumstances the responsibility of the Client. It is advisable that the Client does not carry valuables on the tour. However, if the Client carries any valuables, the same should preferably be kept in the Safe Deposit Lockers, that are commonly made available in most of the hotels.

TIPPING

COACH / SITTING

The Company uses non-airconditoned, air-conditioned / air-cooled luxury coaches depending on the tour and the city on operations. The Clients shall follow the instructions of the local representative in this regard. Smoking, consumption of alcoholic beverages and snacks is strictly prohibited on coaches.

The Clients should not leave behind any property in the coach while disembarking. The Company would not be responsible or liable in case of loss of such property under any circumstances.

PUNCTUALITY

The drivers are bound by restrictions concerning maximum driving hours per day and per week, 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 Clients so as to ensure that all the services can be duly provided. If the Client misses any service due to unpunctuality, there would be no refund for the same.

LAW & JURISDICTION

Law prevalent in India is applicable and as a part of the cause of action arises in Mumbai and the Company has its Registered Office in Mumbai, it is agreed between the paries that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in court / forum / tribunal in Mumbai alone having jurisdiction to decide the matter

Responsibilities & Liability

The responsibility of Desire Holidays Pvt Ltd, its affiliated companies, officers/directors, employees, sponsoring organizations, and agents is strictly limited. As a tour operator, Desire Holidays Pvt Ltd, organizes, promotes and sells tour programs consisting of certain travel services, including sightseeing excursions, and hotel accommodations, that Desire Holidays Pvt Ltd, purchases or reserves from various suppliers (collectively, "Suppliers"). Desire Holidays Pvt Ltd, does not own or operate any of these Suppliers. The Suppliers providing travel services for Desire Holidays Pvt Ltd, tour programs are independent contractors, and are not agents or employees of Desire Holidays Pvt Ltd. As such, Desire Holidays Pvt Ltd, is not responsible for direct, indirect, consequential, or incidental damage, injury, loss, accident, delay, or irregularity of any kind occasioned by reason of any act or omission beyond its control, including, without limitation, any negligent or willful act or failure to act of, or breach of contract by, any Supplier or any other third party. Some tours include visits to shops and merchants. Desire Holidays Pvt Ltd, is not responsible for any purchases you make during your trip, whether or not that merchant is part of the scheduled itinerary. By utilizing the travel services of the Suppliers, you agree that you will look only to such Suppliers in respect of any accident, injury, property damage, or personal loss to you or to those traveling with you, and that neither Desire Holidays Pvt Ltd, nor any representative of Desire Holidays Pvt Ltd, shall be liable.

Without limiting the foregoing Desire Holidays Pvt Ltd, is not responsible for any losses or expenses due to delays or changes in schedules, overbooking or downgrading of accommodations, defaults by any third parties, including Suppliers, mechanical or other failure of trains or other means of transportation, or the failure of any transportation mechanism to arrive or depart on time. Desire Holidays Pvt Ltd, is not responsible for acts of God or force major events, sanitation problems, lack of medical care, sickness, weather conditions, strikes and other labor activities, acts of terrorism, acts of war (declared or undeclared), quarantines, embargoes, blockades, criminal activities or any other act or event beyond the direct control of Desire Holidays Pvt Ltd.

Desire Holidays Pvt Ltd, assumes no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for ticket or other travel documents that do not reflect your name exactly as it appears on your passport. Desire Holidays Pvt Ltd, reserves the right to change the itinerary of the tour without prior notice. If the tour is canceled by Desire Holidays Pvt Ltd, for any reason, Desire Holidays Pvt Ltd, shall have no liability beyond the prompt refund of all tour participant's payments received by it.