(A) Electronic Contract: By processing the deposit, you are consenting to the use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign). By paying the deposit you and all persons listed on the invoice have acknowledged that you have read carefully, understand and agree to the “Booking Terms & Conditions”, concerning this tour which appears on the invoice page of your custom itinerary. The effective date of the contract is the final date that all parties have accepted the contract and any related payments have been received by us.
(B) Initial Deposit: As per our company policy, you have to deposit 30% of the total tour value (per person per tour) as a token of advance, in order to hold your reservation with our suppliers, which is subject to availability of the requested arrangements. The deposit required will be shown on the quote page of your custom itinerary.
The deposit and all such additional payments are non-refundable unless we cancel your trip. However, in special circumstances, if cancellation is done 15 days before the tour commencement date, then the initial non-refundable deposit can be applied towards new itinerary, however this is solely at the discretion of the Company and the third-party suppliers.
(C)Remaining Balance: Balance due must be paid in full:
- At least 2 days prior to your tour start date during non-high season dates.
- At least 7 days prior to your tour start date during a high season period usually during Festival seasons in India (October & November dates vary depending on the year) or around Christmas and New Year’s (December 20 to January 5).
Full payment is required at the time of booking for all bookings made after balance due date as shown above.
(D) Methods of Payment: Advance deposit and balance payments can be made through our online payment portal from our website (www.luxuryindiatours.net). We use secure servers to process your electronic payments. We do not charge any service fee for accepting credit cards.
(E) Your Payments are protected:10thGate LLC transfers all guest payments into a trust account with Chase Bank. All guest payments go directly to this account. From there, payments are disbursed to the suppliers/vendors providing different services during your upcoming visit. You personally guarantee that you will not dispute the Credit card charge for any reason other than 10thGate failure to deliver services. Your opinion of quality of service will not constitute failure of delivery by 10thGate. You have read and understood the cancellation terms in the “Statement of Agreement” and promise to abide by them if you choose to cancel for any reason whatsoever.
(F) Financial Liability of 10thGate Tours: 10thGate LLC’s liability in any and all cases will be limited to a refund of the payments made directly by you to us, and are subject to our cancellation and refund policies.
(G) Refunds and Cancellations:
- Flights Delays and Cancellations: We strongly recommend that your secure travel insurance for your time in Indian Sub-continent. Company will not be liable for any flight delays due to weather or technical issues or any natural calamities. If your international arrival is delayed, there are no last-minute refunds for missed hotel nights. We will do our best to make, as per your request, however in the event of new arrangements being made you will be liable for any increase cost of booking. As a basic principle, no refunds will be paid to guests.
- Balance not paid in full: Please note if we do not receive all balance payments (including any surcharge and taxes where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel immediately because you still have promised to make payment, you still must pay the cancellation charges shown below based on the date we treat your booking as cancelled. The cancellation of the payment fee detail is mentioned below in the cancellations section.
- If you change your trip: If, after the contract between us has come into existence, you want to change your itinerary we will pass your request on to the relevant supplier. We will try our best to accommodate your requests, however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred only if incurred by any of our suppliers, for example cancellation charges that may be incurred for sectors cancelled.
- If you cancel your trip: If you have to cancel part of the booking or cancel the entire booking once it has been confirmed by us, written notification must be sent to us via email. As proof of receipt by email, of your notification to cancel, you must receive and retain written acknowledgement from us. Charges will be applied from the date your email is received, as per the cancellation of the payment fee detail mentioned below. The charges are applied as a percentage of the total invoice amount excluding any amendment charges and any amounts paid in addition to the deposit at the time of booking or before balance due date.
- Non-Transferable: All tours are non-transferable: the original booking passenger(s) must use their respective amount(s) and cannot be transferred from one passenger (in whose name it is issued) to another passenger.
- Alterations or cancellations by you after commencement of travel and unused services: We will do our best to implement any changes to your arrangements, as per your request, once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. As a basic principle, no refunds will be paid to clients who do not complete a trip. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any administration charges. If you have taken out travel insurance you may, depending on the details of your policy, be able to recover the cancellation charges.
- Luxury Train Tours cancellation: In case of luxury train tours, river cruises, package airfares, etc. the cancellation policy of the Railway Authorities or concerned departments /companies / airlines will apply.
- Cancellation Fees: Please note, different cancellation charges apply in relation to certain products during high demand and peak seasons – please see your confirmation invoice for details. Cancellations received prior to final payment will incur loss of initial non-refundable deposit (adults and children). This goes towards costs of making your preliminary reservations, itinerary design & administrative costs. You also confirm that in the case of no deposit being made for a confirmed tour and / or balance not paid before the tour commencement (for whatever reasons like the special arrangement could be credit card guarantee, etc.) that gets cancelled, the above will still apply and you would send us the cancellation charges on good trust or the credit card guarantee will be charged. Following cancellation schedule will apply depending upon Time period and Balance paid in full or not:
Final balance NOT PAID in full before Tour Start date
Tour will be cancelled &We will retain 100% Deposit paid by you in connection with the booking.
|Period before tour start date within which written notification is received at our offices||Cancellation Penalties (per person, as a percentage of the total invoice amount):|
|Final balance NOT PAID in full
Cancellation : 14 Days or Less before Tour Start date
|We will retain 100% Deposit paid by you in connection with the booking.|
|Final balance NOT PAID in full
Cancellation: 15 Days or More before Tour Start date.
|Partial amount of Deposit paid by you MAY be applied towards new booking. **|
|Final balance PAID in full
Cancellation: 8 Days or More before Tour Start date.
|We will retain 100% Deposit amount (30% of Total tour value) paid by you in connection with the booking.|
|Final balance PAID in full
Cancellation: 7 Days or Less before Tour Start date.
|We will retain 100% Full amount paid by you in connection with the booking.|
** Note: In some special circumstances, if cancellation is done within 15 days or more before the tour commencement date, then the initial non-refundable deposit can be applied towards new itinerary, however this is solely at the discretion of the Company and the third-party suppliers.
- If we change your trip: We start planning the trips we offer many months in advance. Occasionally, we have to make changes to itineraries, hotels and other details both before and after bookings have been confirmed. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so. Hotels and flights can get over-booked or fail to provide contracted services for other reasons. We reserves the right to substitute equivalent grades of accommodations and switch travel itineraries around to respond to these situations, although for our Hotel reservations this is highly unusual and occurs less than 0.1% of the time. Weather related issues and technical problems do occur on occasion. However, we will only cancel your confirmed booking after balance due date where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure” as defined herein. We will not cancel after this date for any other reason. We will do our best to keep to the itinerary you choose. If circumstances beyond our control force us to deviate from the original plans, we will provide you with a choice between comparable values and a refund of the relevant fees.
- Surcharges: We reserve the right to impose surcharges up to 45 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, tariffs or if government action should require us to do so. We give you opportunity to choose one of the following options:
- Once we have received your deposit you would be given the opportunity to pay in full to avoid a price increase (should it occur).
- If any surcharge results in an increase of less than 10%, we will be responsible for the increase in any amount up to 2% of the tour price and you will be responsible for the balance.
- If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.
- Force majeure: We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemics/pandemics or the threat thereof, adverse weather conditions, fire and all similar events outside our control. Under such conditions we always try to advice on the best route possible and we even consult you. It is to be noted that though we try our best, we do not commit any refunds whatsoever for unutilized services due to unforeseeable reasons like this. Yes, we do try our best in these cases and most of the cases. We will try our best to adjust the pre-paid part being changed with the new part but again we do not commit the same since most of the services will be pre-paid for to the suppliers like the hotels, transporter, guide, etc. and it is at the sole discretion of the suppliers. If we have not already paid for the services to the suppliers, than we do adjust the same too, but in lot of these circumstances, this becomes impossible – so please bear with us.
- No Show: If Tour is cancelled within less than 7 days of tour start date, a cancellation is considered a “no show”. Any guest that is not at their chosen starting point (airport, hotel or similar location) at the scheduled time, is considered a “no show“. No Show’s, as defined above, do not qualify for any refunds, for any part of their tour, except at the sole discretion of 10thGate, LLC.
- Refunds: The Company shall disburse any applicable refund amount within thirty (30) days of the receipt of the request/instruction to cancel or change the tour as per the above cancellation terms. All payments for transportation, or travel service, not provided to the passenger shall be promptly refunded, in accordance with the agreed-to terms and conditions, unless the passenger otherwise instructs the Company in writing. In the unlikely event that we are unable to provide the tour package, we will process the refund of all your payments within three days from the day that we become aware of this inability. In the event of cancellation due to unforeseeable circumstances beyond our control (such as a natural disaster), Company will refund all your money within 30 days of cancellation, after adjusting for any unrecoverable payments already tendered to our suppliers, of which we will provide you with concrete evidence. However, during our past years of operations, we have never had to take such a step. All refunds are made using the same channel used for all receipts and under no circumstances a request will be entertained to use a different mode. This is to safeguard you and all financial institutions.
Booking a tour with us suggests that all of us understand and accept the above. This document has been well researched and most of the inputs have come from our past guests and even the language and final editing has been done by some of our good friends who travelled with us as clients from all over the world. Still if the language is too harsh or the conditions at times seem biased and in favor of the company kindly accept our apologies for the same as it is unintended. At the same time the hotels, flights, trains, etc. have stringent cancellation rules that we need to follow to be in business with them and maintain a sound track record. We always try to be very fair and are known for our “Service First” & “At Your Service” attitude.