This page sets forth the terms and conditions under which Kapil Tours provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you shall be presumed to have agreed to the terms and conditions we have outlined below. If these terms and conditions are not acceptable to you, you are requested not to use or access this site any further.
USE OF SITE
Kapil Tours grants you a limited, non-transferable license to use this site in accordance with the terms and conditions specified in this Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You shall not make reservation in the name of a fictitious person. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that Kapil Tours deems in its sole discretion to be undesirable, unreasonable or disproportionate to the benefits Kapil Tours obtains from your usage of the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offence or attempt to commit a criminal offence, or give rise to civil liability, or otherwise violate any law.
In addition, you are prohibited from posting or transmitting any information which:
a) infringes the rights of others or violates their privacy or publicity rights
b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right
c) contains a virus, bug, worm or other harmful item or programme
d) is used to unlawfully collude against another person in restraint of trade or competition.
You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
AGE & RESPONSIBILITY
If you use this site, you alone are responsible for maintaining the confidentiality of your account information and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site. You understand that you are financially responsible for using this site, either personally or by those using your login information.
ACCURACY OF INFORMATION
Kapil Tours does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will Kapil Tours be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. The information on this Website may be changed or updated without notice. Kapil Tours may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice.
CONFIDENTIALITY
Information concerning Kapil Tours Pvt. Ltd., or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of Kapil Tours Pvt. Ltd and is confidential except for the necessary disclosures required by law.
COPYRIGHT POLICY
Kapil Tours holds the copyright in respect of this site. The content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Kapil Tours , and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, and in any case definitely not without the prior written permission of Kapil Tours . You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
ENFORCIBILITY OF THESE PROVISIONS
Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of Kapil Tours . Provisions not otherwise held invalid shall remain in force.
SECURITY WARNINGS
It is up to you to take precautions to ensure that whatever programs you select for your use in accessing our site is free of such items as viruses, worms, trojans, malicious codes and other items of a destructive nature that could directly or indirectly compromise the working of our site.
IN NO EVENT WILL Kapil Tours BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED OR INTERFACED WEBSITE OR DUE TO ACCESSING DATA RESIDING ON THIRD PARTY SERVERS NOT BELONGING TO Kapil Tours .
PRODUCTS & SERVICES
Please Note that none of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products Kapil Tours generally offers. The products and service statements on this Website are for general description purposes only. Furthermore, not all the products or services are available in every state or country. Send us a message via our “Contact Us” form and we shall supply you with details regarding terms and conditions, exclusions, products, and services applicable to you.
a. Hotels: While booking a hotel on our site please carefully go through the fact sheet details to ensure that the amenities present are as per your requirement. Kapil Tours generally updates all these fact sheets however it is dependent on the hotel to provide updated information. Renovation at hotels is normally undertaken at the sole discretion and convenience of hotels and is not necessarily informed to us. Incase of any dispute Kapil Tours shall not be liable for a lack of information.
b. Sightseeing: You have a choice of “seat-in-coach” sightseeing and private sightseeing tours. Please choose the same carefully. Panoramic tours do not allow you to stop at the site of the attractions. You will have to follow a schedule. Entrances to attractions are not included in city tours unless specified.
c. Airlines: You have a choice of full service and low cost airline options. Low cost airlines do not have all services available on board hence please choose the airlines carefully before booking. Kindly go through the fare rules and also select your class of travel. There are paper tickets and/or e-tickets that will be provided to you. Both are valid to travel by the airlines. However certain airlines do not entertain e-tickets. In such cases you will be issued paper tickets. We are only an intermediary party hence cannot be held responsible for any delay or cancellation of flight or change of route. This is a decision taken by the airline. You will be subject to all terms and conditions as per the airlines.
d. Holidays: Please refer to inclusions and exclusions carefully before booking. You can customize your holiday completely on our site if our packages do not meet your requirements.
e. Rail and Cruises: Please refer to individual rules applicable against both rail and cruise providers. These rules will be applicable for each transaction made through us. Kapil Tours is a travel and holiday organizer. We do not control or operate any airline, neither do we control or own any shipping company hotel or transport or any other facility or service mentioned on the site. We take care in selecting all the principles. However, we only select them as a service partner - we have no control on running them. We cannot be held responsible for any lack of service by any independent agency, airline, transport company, hotel or any other service provider.
BAGGAGE
You will have to limit yourself as per normal baggage policy of the airlines in the respective class that you have chosen to fly. Any excess baggage that you carry shall remain your responsibility. Any loss of baggage by the airlines or the passenger will be the sole responsibility of the airline and the passenger. Normally economy class 20kgs is permitted however if you are traveling to US/ Canada you are permitted to carry 2 pieces as check in and 1 piece as cabin baggage. You are requested to kindly refer to the baggage rules of the individual airlines as the same gets updated from time to time.
HEALTH AND INSURANCE
It is advisable that the passenger acquires adequate insurance cover to secure their life health and property. You can purchase the same from our site. Your health and good life is of utmost importance to us.
PROFESSIONAL ADVICE
The information provided on this site is distributed with the understanding that Kapil Tours is not providing professional advice of any type. If you have a question requiring professional advice, such as a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.
WARRANTIES
Kapil Tours specifically disclaims all warranties with respect to this Web site or your use thereof - whether express, implied, or otherwise - including without limitation, all warranties of merchantability and fitness for a particular purpose. Kapil Tours shall not be liable for any damages resulting from the use or misuse of this site or the information contained on this site.
PAYMENTS
All online payments that happen for any of the products booked via www.sapphiretravels.in site are secure. Kapil Tours does not store the Credit card details of any customer in their database or in any data backup system or retrieval systems. Once you are ready to transact you are transferred to the bank site. The card details are captured on the credit card site and not ours hence we cannot be held responsible for any misuse of your credit card, whatsoever.
Mode of Payment
Advance payment can be made through WIRE TRANSFER to our bank or through Mail Authorization through CREDIT CARDS or CASH that could be deposited in any of our accounts. We accept American Express, Master and Visa Credit cards. Upon arrival in INDIA, the payment can be made in cash, traveler cheques or by credit cards. In case of payment through credit card, a 3.5% bank charge would be applicable on the amount being paid by credit cards.
Advance payment can be made through Wire Transfer to our bank or through Mail Authorization through credit cards We accept American Express, Master and Visa Credit cards. Upon arrival in INDIA, the payment can be made in cash, traveler cheques or by credit cards. In case of payment through credit card, a small amount of bank processing would be applicable on the amount being paid by credit cards.
CREDIT CARD (American Express)
There will be a service charge of 3.5% if the payment is made by credit card. If the money is to be settled by American Express we will be needing by fax/ scanned copy of front and back side of your credit card and an authorisation in the following format duly signed by you. Most of the time, in the photocopies/ fax/ scan the batch code on the card does not come out clear. This is the four digit number given on the right hand side of the card (just above the card number). Please always mention this batch code number.Download Format
CREDIT CARD (Master Or Visa Card )
There will be a service charge of 3.5% if the payment is made by credit card If the money is to be settled by Master or Visa card we will be needing by fax the photocopy of your credit card from both the sides and an authorisation in the following format duly signed by you.Download Format
Demand Draft
Payment can be made by Demand Draft in favour of Kapil Tours p ltd. payable at Delhi.
Office & Home phone nos
In all the cases, we will be needing photocopies of your passport.
THE BOOKING
Your contract is with sapphiretravels.in, which is a trading name for Kapil Tours . A contract exists between us when we have confirmed that we have space available on the tour of your choice, we have received your signed booking form, deposit and we have sent you a confirmation of your booking. All the relevant sections of the booking form must be correctly and fully completed. We can only accept booking forms signed, as this confirms that you and the other people on the tour accept our booking terms and conditions and are entering into the contract.
DEPOSIT
Upon completion of the signed booking form a 50% deposit of the total tour cost must be paid to the company. Customer undertake to pay balance amount within 30 days before departure. For bookings which are made within 30 working days of tour departure, the full amount will become immediately due either with CASH OR DEMAND DRAFT/PAYORDER ONLY.The said amount will be collected in INR and will be charged as per prevailing bank card rate on the day of making payment. The cost of land arrangement abroad will be paid from the proceed of foreign exchange purchased by concerned traveler from an authorized agent (Including Exchange drawn for private travel).
Please ensure that you write your name as per passport when booking a flight tour. You should also send a copy of your passport when returning your booking form. (Please note, it is your responsibility to ensure that correct names are given as per passport as you will be fully liable for any costs incurred for ticket amendment/reissue. PAYMENT Can be made to Kapil Tours by cash, Payorder, debit or credit card or Bank Transfer There will be a surcharge of 3.5% for Mastercard/Visa - which will be added to the total invoice cost.
CANCELLATION POLICY
(A) Tour Packages
In the event of cancellation/amendment of travel arrangements due to any reasons - we must be notified of the same in writing. Please make sure your intimation reaches us between office hours. ( 9.30 am- 6.30 pm on Mon-Fri, and 9.30 am- 1.30 pm on Saturday). To contact us on weekends or beyond office hours, you may reach us at +91-88793 86644. Cancellation/amendment charges will be effective from the time/date we receive your intimation in writing(strictly during office hours). Cancellation/amendment charges would be as follows:
More than 28 days prior to Arrival at Destination - Deposit Only
27 - 14 days prior to Arrival at Destination - 65% of total holiday cost
13 - 07 days prior to Arrival at Destination - 75% of total holiday cost
06 days or less - 100% of total holiday cost.
In case of Special Trains Journeys and/or peak season hotel bookings, a separate cancellation policy is applicable which we shall advise you as and when Applicable.
In case you cancel/ amend the trip after commencement, refund would be restricted to a limited amount, which too would depend on the amount that we would be able to recover from our suppliers of services i.e hotels/transporters etc. For unused hotel accommodation, chartered transportation & missed meals, guide services etc. there will be no refund.
(B) Air tickets
A service charge is applicable on all tickets booked and canceled through sapphiretravels.in. This service charge is applicable over and above the cancellation charges paid to the airlines.
Our liabilities & limitations
All efforts will be made sincerely to maintain the contract made by our organization with its customers but there are always possibilities of certain Items like airfares, airport taxes, visa fees, entrance fee at the monuments or drastic increase in fuel costs etc. getting more expensive without any notice from the Govt. authorities. In such FORCE MAJEUR, the difference in the cost would be borne by the customers. Kapil Tours act only in the capacity of agent for the hotels, airlines, transporters, railways & contractors providing other services & all exchange orders, receipts, contracts & tickets issued by us are issued subject to terms & conditions under which these services are provided by actual suppliers.
All itineraries are sample itineraries, intended to give you a general idea of the likely trip schedule. Numerous factors such as weather, road conditions, the physical ability of the participants etc. may dictate itinerary changes either before the tour or even after the commencement of the tour. We reserve the right to change any schedule in the interest of the trip participants' safety, comfort & general well being.
Our rates are based on the prevailing rates as negotiated by us with the hotels, airlines etc. Hotels and Airlines retain the right to modify the rates without notice. In case of such changes the rates quoted before the modification, can be changed by us according to the modifications by hotels or airlines. All hotel bookings are based on usual check in and check out time of the hotels until unless indicated in the itinerary.
We shall not be responsible in event the passenger is not granted visa bny the embassy. Kapil Tours ' limits its role to assisiting our client with visa fornmalities and submission of the application at the Embassy. Refusal/ Grant of Visa is solely at the discretion of the Embassy and Kapil Tours does not undertake any responsibility for grant opf visas. In such cases, where visas are refused by the Embassy, normal cancellation charges as per above policy would be applicable. We shall not be responsible for any delays & alterations in the programme or expenses incurred - directly or indirectly - due to natural hazards, flight cancellations, embassy closure/ holidays, accident, breakdown of transport, weather, sickness, landslides, closures/blocades due to political unrest or any such incidents.
We shall not be responsible for any loss, injury or damage to person, property, or otherwise in connection with any accommodation, transportation or other services, resulting - directly or indirectly - from any act of GOD, dangers, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferages, epidemics, medical or defaults, or any other causes beyond our control.
We do not have any insurance policy covering the expenses for accident, sickness, loss due to theft, or any other reasons. Visitors are advised to seek such insurance arrangements in their home country. All baggages & personal property/s at all times are at the client's risk. Our transport is certainly Insured as per Indian Motor Vehicles Act and claims, if any, will be made as per the rules of the Insurance Companies in Indian Rupees.
REFUND
Should you cancel your holiday due to a Visa application rejection, then the charges listed in the Cancellation Policy will also apply which will be in addition to an administrative charge of Rs 10,000 per person. Please note if your Visa Application is being filed by Kapil Tours , Kapil Tours does not hold any responsibility/ guarantee for grant of these visas. Cancellation charges listed as per Cancellation Policy along with administrative fee and Visa Application Fee will apply.For flight tours, the charges levied by the airline concerned, will have to be paid by the passengers along with Rs 10,000 per person admin cost. In all instances any deposits paid will automatically become non-refundable.
Force Majeure
This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, sea port/airport strikes, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather and traffic conditions.
COMPLAINTS
If you have a complaint during your holiday, please inform us at our Hotline number immediately, and we will do our best to rectify the problem. If the matter cannot be sorted out on the spot you must record the details of your complaint in writing.We cannot consider any claims if this procedure is not adhered to. Any disputes between clients and Kapil Tours shall be governed by Laws of India ( Delhi Jurisdiction)
YOUR HOLIDAY
It is the responsibility of Kapil Tours to provide you with the holiday arrangements you have booked, or if unable to do so for the reason stated below where it proves necessary to make changes or amendments in the itinerary, Kapil Tours guarantees that all services will be of similar standard to those advertised.
(A)
Kapil Tours does not own or control the principle ferry, coach companies, hotels or restaurants providing the different parts of your holiday and therefore cannot be held liable for their actions.
(B)
In case of group departures Kapil Tours depends on carrying a certain number of people on each departure to keep the cost of your holiday as low as possible. If these numbers are not obtained it maybe necessary to combine or cancel certain departures in order to avoid uneconomical operations.
(C) Kapil Tours are unable to take liability for commercial arrangements out of our control such as natural disasters, industrial disputes, reason of threatof war, riots, civil strife, terrorist activities, technical problems to transport, extreme weather conditions,closure of airports and sea ports and similar events out of our control.
TRAVEL DOCUMENTS
You are solely responsible for ensuring that all the necessary travel documents e.g. passports, visas, vaccination certificates etc are valid and effective for all the dates and countries visited.Kapil Tours will do everything possible in assisting to obtain the required visas. In the extreme circumstances where any client is travelling without correct travel documents Kapil Tours does not accept responsibility for the outcome or expenses.
OTHER ITEMS
. Pets nor other type of animal are permitted on the tour.
. Kapil Tours operates a strictly NON-SMOKING and EATING policy whilst on board the coaches..
. You are responsible for ensuring that you are at the correct departure point at the correct time, and we cannot be held liable for any loss or expense suffered by clients because of late arrival at arrival points. As a precaution we strongly recommend you are at departure points 15 minutes prior to the departure of your tour..
. Clients suffering from a contagious disease are not permitted to join any of the tours. If anybody is seen to be suffering from a contagious disease, they will be immediately removed from the tour and will have to make their own arrangements at their own expense..
. No refund would be payable by Kapil Tours for any unused portion of 'the tour'..
. Kapil Tours reserve the unconditional right to refuse a booking or to terminate a passengers holiday in the event of unreasonable behaviour at any time.
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CONDITIONS, EXCLUSIONS AND WARRANTIES
there are conditions and exclusions which apply in the whole policy
FRAUDULENT CLAIMS
the making of fraudulent claims is a criminal offense.
MEDICAL EXPENSES
please note this section does not provide private health care unless specifically approved by the emergency service.
TRAVEL INSURANCE & PREMIUMS
We strongly advise that you have adequate Travel Insurance in place prior to your departure on holiday
GOVERNING LAW
All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute can not be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be New Delhi, India. The decision of the arbitration tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, the courts in New Delhi alone shall have exclusive jurisdiction.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Kapil Tours as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Kapil Tours shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Kapil Tours in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERMINATION
Kapil Tours may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or for your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Kapil Tours and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Kapil Tours and its third party providers or distributors, as applicable.
SUGGESTIONS & COMMENTS
If you have any questions or suggestions please feel free to email us at info@kapiltours.net
