THESE ARE THE CONDITIONS ON WHICH YOU TRAVEL WITH NIRUPS’S CULTURAL TOURS OF INDIA (NCTI). PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM. NCTI ACCEPTS BOOKINGS SUBJECT TO THE FOLLOWING –
- 1. NCTI acts as a co-ordinator for all persons taking the tour in the making of all arrangements for transportation, sightseeing and hotel accommodation. NCTI does not own, manage, control or operate any transportation vehicle, any hotels and/or restaurants or any other supplier of services. All coupons, receipts and tickets are issued subject to the terms and conditions specified by the supplier and all services are subject to the laws of the country where the services are provided.
- 2. NCTI assumes no responsibility for any loss or damage to baggage, property or for injury, illness or death or for any damage or claim howsoever caused including liability for consequential loss. The expression “howsoever caused” includes negligence on the part of NCTI, its servants or agents.
- 3. NCTI will not accept responsibility to or liability for any traveller who contravenes any law or regulation of any country visited. Travellers detained as a result of infringement of any law or regulation of any country may be excluded from the trip, without the right of refund or any other claim.
- 4. Nothing in these conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
- 5. Travel insurance is mandatory for all NCTI tour passengers. Travellers must insure adequately for the full duration of their tour in respect to illness (including without limitation COVID-19), injury, death, baggage and personal loss including (without limitation) any events causing their tour to be disrupted, diverted, delayed or cancelled. They must take out an appropriate personal travel insurance policy. Travellers may take out insurance themselves and provide proof of insurance and a copy of the policy with their final payment.
- 6. Whilst NCTI will use its best endeavours to operate all tours as advertised, reasonable changes in the itinerary may be made without notice where deemed necessary or advisable by NCTI in its absolute discretion, or where such changes are outside of the control of NCTI.
- 7. Except as provided in Clause 11, no refund will be made for any services which are unused by the traveller, and which are included in the tour price.
- 8. All payments, unless requested otherwise by NCTI, are to be made in Australian currency.
- 9. All prices are subject to currency fluctuation and there may be increases in the cost of air travel, transportation or accommodation. NCTI will give notice to the traveller prior to the commencement of the tour of any adjustment in price and such adjustment in price must to be paid by the traveller to NCTI within seven (7) days of such notice.
No contract will exist between the parties until payment of the full amount due is received by NCTI and a ticket has been issued by its supplier.
- 10. NCTI may cancel a tour at any time if such tour is not fully subscribed or for any other reason it deems necessary (including, without limitation, on grounds of health and safety) and whether or not the cancellation occurs before or after the tour has commenced. If NCTI cancels a tour at any time, its liability is limited to refunding the cost of that part of the Tour that has not been completed at the time of cancellation.
- 11. Subject to the terms of its cancellations policy set out at the bottom of these terms and conditions, NCTI will not be required to refund any portion of the fare nor pay expenses of any nature whatsoever, including any transportation, medical or living expenses, of any traveller who: (a) leaves the tour prematurely for any reason whatsoever; or(b) cancels their place on the tour before it commences.
- 12. If NCTI incurs any expense on behalf of a traveller either at the traveller’s request or where it is necessary for NCTI (acting reasonably) to incur that expense, the traveller will be liable to reimburse NCTI for that expense on demand.Where the traveller, in the sole opinion of the tour leader of NCTI’s tour, is considered to be, or has become, unfit to travel for any reason whatsoever or is likely to endanger their health or safety of or impair the comfort of others on the tour, or seems likely to be refused permission to enter any point of the tour, then the traveller:(a) may not be permitted to commence the tour; (b) may be requested to discontinue the tour at any point of travel; and/or(c) may be restrained and/or confined to accommodation or other controlled area and in the event that one or more of these things occurs NCTI:(d) will have no liability to the traveller for any consequential damage, loss, expense, loss of time or inconvenience; and(e) will not be required or have any obligation to repay or refund to the traveller any portion of the fare for the tour.
- 13. The traveller agrees that any independent contractor with whom NCTI, so contracts provide services subject to that contractor’s usual standard terms and conditions. The traveller acknowledges and agrees that services that are provided by contractors may be different to the description of those services given to the traveller by NCTI; and that any description of the services by NCTI is made in good faith and in reliance on information that NCTI has received from that contractor or based on NCTI’s past dealings with that contractor (or both).Any action, suit or proceeding arising out of or connected with this contract shall only be brought in NSW and all such proceedings shall be governed by the laws of NSW. Any claim must be notified in writing to NCTI within twenty-eight (28) days of arrival in NSW or of the date when the traveller first had knowledge of the material facts giving rise to the claim or action thereon must be commenced within one (1) year of such date. Unless these time limits are complied with, NCTI shall be under no liability to the traveller whatsoever.
- 14. Any action, suit or proceeding arising out of or connected with this contract shall only be brought in the State of NSW and all such proceedings shall be governed by the laws of the State of NSW. Any claim must be notified in writing to NCTI by the later of: (a) twenty-eight (28) days of arrival in the State of NSW at the conclusion of the tour; and (b) the date on which the traveller first became aware (or ought reasonably to have become aware) of the material facts giving rise to the claim or action. Any action, suit or proceeding arising out of or connected with this contract shall only be brought within one (1) year of the date in (a) or (b) (as the case may be). Any action, suit or proceeding brought after that date will be barred, and NCTI may produce and rely on these terms and conditions as a bar to any such action, suit or proceeding, and will have no liability to the traveller in that action, suit or proceeding brought after that date will be barred, and NCTI may produce and rely on these terms.
- 15. Each traveller is advised to do the following prior to the commencement of a tour:(a) obtain medical advice about the suitability of the tour having regard to the traveller’s health and medical condition;(b) consult information published by the Australian Government for the time being about India and any particular places to be visited on the tour, including any travel advisories.
- 16. NCTI reserves the right to take photographs and video during the tour and to use these images for promotional purposes during the tour and afterwards. By booking a tour with NCTI, you consent to allow us to use images of you had taken during the tour for advertising and promotional purposes in any medium we choose. Such images will comply with rules that generally apply to public media images. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. If you prefer that your image, not be used, you are asked to identify yourself to NCTI at the beginning of your tour, so that your images are not taken.
- 17. NCTI discounts including past guest discounts and subscriber only discounts are limited to one discount per tour.
- 18. If you request to transfer from one tour to another, or transfer your booking to another traveller, you must notify us at least 60 days before the tour departure date. Transfers to another tour can only be made to a tour which is open for bookings. A change fee may be payable.
- 19. Each traveller is advised that these terms and conditions may be updated from time to time. NCTI can provide a copy of the current terms and conditions upon request, or they can be viewed on NCTI’s website (www.nirupstours.com.au).
Bookings accepted only after NCTI receives payments of the full non-refundable deposit of 10% of tour price and issues to the traveller a confirmation of the payment. The balance of the tour price must be paid no later than sixty (60) days before the scheduled departure date, failing which NCTI may treat the booking as cancelled by the traveller and forfeit any deposit paid. All cancellations by the traveller must be received in writing and will take effect from the date received by NCTI, in which event, the following cancellation charges will apply:
Up to 61 days before the scheduled departure
date – Loss of deposit
Between 60 and 30 days before the scheduled
departure date – 50% of the entire tour price
Between 29 days and the scheduled departure
date – 100% of the entire tour price
Note: Please ensure you have travel insurance to cover you against
any unforeseen circumstances which may arise after full payment is made.
Please contact NIRUP PRABAKARAN if you would
like to discuss any details of NCTI.
TELEPHONE: 0414887027
EMAIL: nirupstours@gmail.com