Terms and Conditions
Preface:
Ayush Tours and Travels (“Company”) strives to provide its guests with an organized, safe, friendly, and memorable experience in the Islands. This Guest Policy (“Policy”) has been designed to adapt best industry practices, effective management techniques, and standard operational procedures followed by reputed travel and tour organizers around the world. This Policy aims to promote safety and an enriched experience for its guests and ensure effective delivery of top-notch services by the Company.
This Policy is a part of the Tour Booking Agreement with its guests. By virtue of completing the bookings with the Company (either directly or indirectly), the guests hereby give consent and agree to abide by the terms and conditions laid down in this Policy.
1. Bookings:
1.1 Upon receiving a query from potential guests, the Company shall discuss the proposed itinerary with the guest and issue a quotation stating the Package Cost. Subsequently, the guests are required to initiate the booking process by following these steps:
STEP 1: Pay 50% to 70% of the package cost as advised during the discussion and share the transaction details to confirm your booking with Ayush Tours and Travels. (Bank Account details mentioned below.)
STEP 2: Share a copy of the government-authorized Photo ID proof of all the travelers with addresses mentioned therein, such as: AADHAR Card/ Voter ID/ Driving License/ Passport, etc. These documents are mandatory for securing Ferry booking, Forest Permits, etc.
STEP 3: Share the inward and outward flight details with us to finalize and confirm your itinerary. This helps us to make all the necessary arrangements for you in the Islands and avoid any inconvenience or fraudulent activities.
STEP 4: Share the full name, age, and gender of each traveler.
1.2 The guests are required to transfer the remaining 50% of the package cost to the Company before two (2) days of their arrival; or, pay the balance amount in cash on the date of their arrival in Andaman before the commencement of services by the Company.
1.3 All communications regarding the booking shall be made by the guest only to the contact details provided at the time of booking.
2. Payments:
All bookings are confirmed only after the Company has received the entire Package cost quoted by the Company. The Company accepts all forms of electronic bank transfers and cash in Indian Rupees up to Rs. 2,00,000 (Rupees Two Lakhs). All payments are required to be made to the following bank details:
Name: Ayush Tours and Travels
Current A/c No.: 638501010050398
Bank: UNION BANK OF INDIA
Branch: Port Blair, 744101
IFSC: UBIN0563854
Note: 1) Cheques are not an accepted mode of payment for bookings. Payments made to any other bank account(s) shall not be considered for confirming Bookings. Cash transactions are accepted in Indian Rupees up to Rs. 2,00,000 (Rupees Two Lakhs) per reservation, upon producing the original PAN Card of the cash payer.
3. Cancellation & Refunds:
In the event that any guest cancels the booking or is unable to travel on the due date for any reason not attributable to Ayush Tours and Travels anytime after making the advance payment, the following charges shall apply:
Time Frame (days before arrival) and Amount Deductible
- 10 days or less: 100% of the amount is deducted. No refund.
- 11 to 20 days: 50% of the total package cost is deducted.
- 21 to 30 days: 25% of the total package cost is deducted.
- Above 30 days: Entire amount is refundable, after deducting cancellation charges.
3.3.1 Cancellation charge of Rs. 2,500 per person is applicable for all cancellations made any time after the advance is paid.
3.3.2 No reschedule of the tour is allowed any time after the payment is made.
3.3.3 For guests staying at SeaShell, Coral Reef, Barefoot, Munjoh, and Taj, rescheduling is available only as per the policy of the Hotel or Resort.
3.3.4 Booking made for SeaShell/Coral Cove/Barefoot/Munjoh/Taj: 100% cancellation charges are applicable anytime after the advance is paid.
3.3.5 100% cancellation is applicable if the travel date falls between 15 Dec to 15 Jan – High Peak Season.
3.2 For All Packages Booked with Flight:
3.2.1 No refund for the Flights/Tour/Hotels/Ferries and 100% amount is deductible if the flight gets canceled, delayed, or rescheduled.
3.2.2 No refund and 100% amount is deductible for cancellation of the flight tickets at any time after the booking is made.
3.2.3 No refund for the Flights/Tour/Hotels/Ferries due to delay, cancellation, or rescheduling of the flight timings. However, if the guest arrives in Andaman at their own cost, the trip will be arranged as per the agreed itinerary. However, no refund shall be made for the day(s) missed.
3.2.4 100% cancellation is applicable if the travel date falls between 15 Dec to 15 Jan – High Peak Season.
Note: Clause 3 must be read in conjunction with the Cancellation Policy cited on the official website at https://ayushtoursandtravels.in/cancellation-policy. All guests making bookings with Ayush Tours and Travels are deemed to have read and accepted the terms and conditions of the Cancellation Policy as mentioned on the website.
4. Third-Party Terms and Conditions:
4.1 Ayush Tours and Travels does not own or manage all the hotels, cruises, and vehicles provided in the package. Guests are required to abide by the terms and conditions prescribed by the hotels, cruises, and vehicles at all times.
4.2 As a security measure at hotels, jetties, etc., guests will be required to produce original photo identity bearing the complete address, issued by the government for each guest.
4.3 Guests shall maintain punctuality and abide by the reporting time of the taxi or cruise. Ayush Tours and Travels shall not be responsible for any modification in the itinerary due to a delay on the part of the guest.
5. Right to Refuse Service:
Despite having a confirmed booking, Ayush Tours and Travels reserves all rights to refuse services to any guest under the following circumstances:
5.1 Guests who misbehave/manhandle/harass and/or cause nuisance to other guests.
5.2 Guests who are suspected to be infected by a contagious disease unless a medical record to the contrary is produced.
5.3 Guests with criminal antecedents and those evading authorities.
5.4 Any guest continuously violating the Company Policy and/or engaging in any unlawful activities.
5.5 Any guest who misbehaves with staff of Ayush Tours and Travels/hotel/cruise/vehicle.
5.6 Any guest refused service on any of the above-mentioned grounds shall not be entitled to claim any refund.
Note: 1) The above list of circumstances is only illustrative and not exhaustive.
2) Such refusal of service shall not be discriminatory in nature, and done only as a precautionary measure to safeguard the interests of other guests and staff members.
6. Force Majeure:
6.1 In the event where Ayush Tours and Travels is unable to conduct the tour package despite a confirmed booking, due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lockdown, or any other circumstances beyond the reasonable control of Ayush Tours and Travels, the company shall promptly intimate the guest regarding the Force Majeure event and cancel the booking with immediate effect. Ayush Tours and Travels shall be fully exempted from performance of the terms and conditions of the Booking Agreement and this Policy for the entire duration of the Force Majeure event.
6.2 If Ayush Tours and Travels cancels the booking due to a Force Majeure event, the guest is entitled to a refund after a deduction of the cancellation charges as stipulated in Clause 3 of this policy.
6.3 In the event where the guest is unable to undertake the journey to Andaman due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lockdown, or any other circumstances beyond the reasonable control of the guest, the guest shall promptly intimate Ayush Tours and Travels regarding the Force Majeure event and request for a rescheduling of the Bookings. Ayush Tours and Travels shall be legally entitled to make deductions in accordance with Clause 3 of this policy.
6.4 In the event where the package is already underway during the Force Majeure event, the guest shall be liable to pay the additional charges for all extra services availed during the Force Majeure event and adhere to all other terms and conditions of this Policy.
7. No Liability on Valuables:
7.1 Ayush Tours and Travels assumes no liability for lost, misplaced, stolen, or damaged valuables belonging to the guests during the itinerary.
7.2 Ayush Tours and Travels is not responsible for any valuables or belongings left behind by the guest at any hotel, cruise, taxi, etc.
8. Liability of Guest:
8.1 Irrespective of the nature of booking, the guests shall be held directly liable under civil and criminal laws of India for any loss caused to Ayush Tours and Travels owing to any negligent act or omission on part of the guest.
8.2 Ayush Tours and Travels shall be entitled to recover damages and compensation from the guest due to any such loss caused by the guest.
9 Indemnity
9.1 Ayush Tours and Travels shall not be held liable for any injury or loss suffered by the guests while engaging in any activity/service offered by a third-party, such as bike/taxi rentals, scuba diving, snorkeling, boat excursions, etc.
9.2 Ayush Tours and Travels shall not be held liable for any injury or loss suffered by the guests during their stay at any hotel, resort, homestay, etc.
9.3 Ayush Tours and Travels shall be fully indemnified from any such claims arising from the activity/services rendered by the third-party, even in the event where Ayush Tours and Travels referred such third-party to the guest.
10 Data Privacy
10.1 Ayush Tours and Travels shall be entitled to collect personal data of its guests in the course of rendering its services.
10.2 Ayush Tours and Travels shall protect such personal data and take all precautionary steps to ensure that such data is contained safely.
10.3 Ayush Tours and Travels shall not be liable for any data-leak or data-theft which occurs despite its best efforts to protect such data. The guests shall have no legal right to claim damages against Ayush Tours and Travels in the event of such data-leak or data-theft.
11 Dispute Resolution & Exclusive Jurisdiction:
11.1 Any dispute between the guest and Ayush Tours and Travels shall be immediately reconciled by a representative of Ayush Tours and Travels in an amicable manner.
11.2 In the event of failure of reconciliation within a period of (seven) 7 days from the date of dispute, the matter shall be referred for arbitration, to be conducted by a sole arbitrator appointed by Ayush Tours and Travels, or the jurisdictional Courts in Port Blair.
11.3 The arbitration shall be held in English language, and the seat of Arbitration shall be at Port Blair.
11.4 The International Chamber of Commerce (ICC) Rules of Arbitration shall be applicable to such arbitration.
11.5 Despite the booking(s) being made by guest in any part of India or any part of the world, all disputes arising from the bookings and this policy shall be subjected exclusively to the jurisdictional Courts of law in Andaman & Nicobar Islands alone.
12 Waiver of Rights Under the Consumer Protection Act, 2019:
12.1 The guest hereby knowingly, voluntarily and intentionally relinquishes, abandons and waives his/her right to file a Complaint under Section 35 or 47 of the Consumer Protection Act, 2019, in any other jurisdiction, except for the Courts having territorial jurisdiction over Andaman & Nicobar Islands.
12.2 Any such Complaint filed against Ayush Tours and Travels before any Consumer Court beyond the territorial jurisdiction of Andaman & Nicobar Islands, shall be liable to be dismissed in-limine in view of this waiver of rights.
12.3 Without prejudice to any other rights, Ayush Tours and Travels shall be entitled to claim a liquidated demand of a sum of Rs. 2,00,000 (Rupees Two Lakhs) as exemplary damages from anyone filing a Complaint before a Consumer Court in contravention to the waiver of rights. Such claim shall be filed in a Civil Suit under Order XXXVII, Rule I, of the Code of Civil Procedure, 1908, before the jurisdictional Courts in Andaman & Nicobar Islands.
13 All Rights Reserved by the Company:
13.1 Ayush Tours and Travels reserves all its rights and privileges to prosecute anyone for defamation or libel, both under the civil and criminal laws, for any imputation made against Ayush Tours and Travels in comments posted by a guest, or anyone on behalf of a guest, on Social Media, Review Management websites, or any other digital or print media, accessible or visible to the public at large.
13.2 Ayush Tours and Travels shall be legally entitled to seek exemplary damages and compensation from anyone making such imputations in addition to seeking penal action for the same.
13.3 Ayush Tours and Travels shall be entitled to withhold or forfeit any amount paid by the guest in the event where an imputation is made against Ayush Tours and Travels on any online platform, by the guest or by anyone on his/her behalf.
13.4 Ayush Tours and Travels reserves all rights to amend/add/delete/modify any of the terms and conditions stipulated herein without due notice. The Guests are deemed to have read, understood, and consented to this Policy before making any booking with Ayush Tours and Travels.
Subject to Arbitration in Andaman & Nicobar Islands exclusively.
Other statutory rights are expressly waived.