Terms and Conditions
Big Wings Tours & Travels is a Company, which is involved in marketing/ selling and/ or coordinating/ organizing Holiday tours and air tickets in India under its brand name Big Wings.in
- Scope of Activity
- Registration and Payment
- Accuracy of Information
- Health & Insurence
- Deviation / Amendment Charges
- Conditions of Travel
- Provisions of These Terms and Conditions
- Contact Information
- The client / you / holiday participant (if other than the booker) means the person / persons in whose name and / or on whose behalf the booking is made and / or whose name is on the Registration/ Booking form.
- The Company / We means Big Wings Tours & Travels and/ or its BigWings.in
- Independent contractors / Service providers / suppliers means any hotelier / hotel owner, owner of any airline s or shipping Company or railway, ferry boat owner/operator, cruise owner or operator, coach owner or operator / travel agent or tour operator or any other person or organization who have been selected by the Company to render services to the client.
- RBI / GOI means The Reserve Bank of India / Government of India
SCOPE OF ACTIVITY
We are travel and holiday organizers only. We do not control or operate any airline, neither do we own or control any shipping Company, coach or coach Company, hotel, transport, or any other facility or services that is provided to any of our clients on a tour organized / booked by us. Though we take utmost care in selecting all the services to design a holiday, we have no control in their operation. Hence we cannot be held responsible in case of any delay / improper service provided by any independent contractor / for any injury / death / loss and/ or damage, to the client who may be caused, by any act on the part of the management or employees of any independent contractor.
We are also not responsible for any delay or deficiency in services provided by any independent contractor and / or caused by any act or actions of a co-traveler / co-passenger of the client / group which may result in the client not being able to avail any or all of the services included in the tour package.
REGISTRATION AND PAYMENT
The client will be supplied with details for the holiday arrangement. Each client/ the decided leader of the group of clients, shall sign the Registration/ Booking form as acceptance of the Holiday tour offer as agreement to pay in full, the amount decided with the Company, towards cost of the services and tour arrangements made by the Company by such time as may be specified by the Company. The client shall read the Registration/ booking form carefully before filling and signing the same.
The signing of the Registration/ Booking form by the client shall mean acceptance in totality of the Terms and Conditions contained herein, by the client.
Upon the client signing the Registration Form and making payment towards consideration of the holiday, the Payment Receipt shall be binding on both the parties, namely, the Company and the Client, and shall constitute a contract between the said parties.
Each client is liable to pay 25% of the total cost of the services the total as a non-refundable deposit, immediately upon signing of the Registration / Booking form. This deposit will be adjusted against the tour cost, at the time of final payment by the client.
The Client is also liable to pay the remaining cost of tour prior to tour date. Should the holiday offer be accepted by the client within 30 days before the tour departure, the Company will advise to the client a time limit for payment, which will supersede the above clause.
The payment must be made to the Company by cheque or demand draft payable to “Big Wings Tours and Travels ” in Indian Rupees equivalent to the cost of the tour. The client may also make the payment partly in Indian Rupees and partly in foreign currency as specified in the tour cost quoted by the Company. For payments in cash exceeding Rs 25000/- per person, the client’s PAN card copy will be required.
The Company reserves the right to decline to Register / Book any person or persons as client for any Holiday without assigning any reason whatsoever.
- There is no contract between the Company and the client, until the Company has received the appropriate non-refundable deposit, and the Registration/ booking form duly filled and signed by the client.
- The Company has the right at any time and for any reason:
- To terminate Contract after acceptance of deposit but prior to the commencement of services without assigning any reason whatsoever to the client. In the event, the Company terminates the contract; the Company may refund the deposit amount to the client without payment of interest to the client towards the same. The refund of the deposit is however at the Company’s discretion and the Company’s decision will be final and binding in this matter.
- To amend, alter, vary or withdraw any holiday, part of a holiday, excursion, service or facility it has advertised or published, and/ or to substitute Independent contractor s of similar class if it is deemed advisable or necessary, by the Company.
- In both cases, the Company neither be liable to compensate the client in any manner howsoever, for any damage, additional expense or consequential loss suffered by the client, nor is the Company liable to pay any compensation claimed by the client towards any loss, damage, or additional expense borne by the client.
It is the responsibility of the client to hold valid transfer documents such as passports and visas (wherever applicable) and to furnish all documents required by the Company for application of the same. In the event the application for visa (wherever applicable) made by any client or by the Company on behalf of the client is rejected by the concerned Embassy or Consulate or other Authorities due to inadequate documents furnished by the applicant or due to any other reason whatsoever, the Company shall not be liable or responsible for the same. All cost charges in respect of the said application shall be borne by the client.
Clients must note that the issuance of visas is solely at the discretion of the concerned Embassy / Consulate and the Company will in no way be responsible for rejection of the same. It is also at the discretion of the concerned Embassy / Consulate to call the client for an interview, and any cost incurred for transportation to/ from the Embassy / Consulate premises, and / or cost incurred towards any fees for the interview are to be borne by the client.
ACCURACY OF INFORMATION
The packages, their routings, components, costs and all other information appearing on this website or in other media by way of advertisement by the company are published as per information received by us at the time of publishing. However as we are only a tour organizer, and do not own any service provider, we shall not be responsible for any changes, unforeseen or otherwise, caused by any events such as political/ religious rallies, fairs/ conventions, strikes, cancelation/ re-routing of flights/ tours/ transport, major road works etc.; which may cause the information presented on the website/ other media to be inaccurate at any time.
We will to the best of our abilities, and provided we are notified by our sources well in advance, intimate the client regarding any change or cancelation that may be brought about to or that may affect the client’s booking/ confirmation. Otherwise we shall make every effort to ensure the same information is give to the clients by our local representative’s where possible. We also, therefore, reserve absolute right to alter, amend, change or modify the Tour Package, Itineraries, and/ or the Tour Schedule/ Travel Plan, transport arrangements and sightseeing.
However, the responsibility of reconfirming transport/ flight times/ sightseeing tours etc with the service provider lies with the client, and we shall not be responsible for any services missed due non reconfirmation with the service provider, or due to adequate information not being available to us sufficiently in advance.
HEALTH & INSURANCE
It shall be duty of the client to inform the Company in case the client has any medical condition that may affect his/ her ability to enjoy and pursue fully the Holiday arrangements. The Company reserves the right, where appropriate, to ask the client to provide written certification of his/ her medical fitness before his departure.
It is advisable that the client acquires adequate insurance cover to secure his/ her life, health and property. It may be noted that the Holiday cost does not include the Insurance premium and that the client shall have to acquire the same at his/ her own cost.
If the client wishes to cancel his/ her tour booking / services, the same must be intimated in writing to the office of the Company. Cancelation charges will be applicable as mentioned below, from the date of receipt of intimation by the Company.
If the Holiday is cancelled by the client:
- Thirty days or more prior to the date of departure of the tour, the non-refundable deposit as applicable will be forfeited by the client.
- Fifteen to Twenty Nine days prior to the date of departure of the tour, cancelation charges will be 50% of total tour cost.
- Seven to Fourteen days prior to the date of departure of the tour, cancelation charges will be 75% of total tour cost.
- Six days or less prior to the date of departure of the tour or ‘No Show’ on the tour, cancelation charges will be 100% of total tour cost.
Cancelation policies set by our Independent Contractors may at times supersede the above conditions, and as and when applicable will be intimated to the client.
These cancelation terms may not be applicable for services booked during special events / fairs / exhibitions / festivals / Christmas and New Year period.
The Company reserves the right to determine the quantum of refund payable in case of cancelation or amendment of a Holiday due to Force Majeure or Vis Majeure. Such refund would be calculated, based on various factors like such as the number of clients booked on the holiday/ tour, the cancelation policy of Independent contractors and the decision of the Company on same shall be final and binding upon the client.
There will be no cash refund of any amount. However, vouchers equivalent to the value of the refundable amount as explained above, will be issued to the client. The client can utilize this voucher to purchase another leisure holiday package of equal or less or more value as the original holiday booked, within the following one year from the date of issue of voucher. The client may even gift / transfer the voucher to a relative / friend after providing written intimation to the Company and in such case the holder of the voucher can use the same to purchase tour packages within one year of issuance of the voucher by the Company.
In case the Company exercises their discretion to alter, amend or cancel any Holiday advertised in on the Web site or in print by the Company, and in the event of the client, who has registered for such Holiday, exercising the option to continue with the Holiday as altered or amended, or to accept any alternative Holiday which the Company may offer, the Company shall not be liable to pay any compensation for damage, additional expenses or consequential losses suffered by him/ her due to the amendment/ cancelation of the original Holiday or to pay any amount as refund to the client.
Even in case of a Holiday for which the payment was made foreign currency with or without part payment in Indian Rupees, the said refund shall be made only in Indian Rupees at the prevailing exchange rate on the date of refund as per existing Rules and Regulations decreed by RBI/ GOI.
There shall be no refund if the client does not or cannot utilize any services such as meals, rooms, excursion, etc, included in the Holiday cost. Nor can any refund be made for mislaid or destroyed travel tickets and vouchers.
DEVIATION/ AMENDMENT CHARGES
- Any deviation/ amendment will be considered as cancelation and the client will be charged for the same as per the cancelation policy.
- No person other than the Company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition hereby
- In the event of the Company exercising its right to amend or alter any Holiday advertised on their website/ in print or otherwise, after such Holiday has been booked, the client has the right:
- To continue with the Holiday as amended or altered;
- To accept any alternative Holiday which the Company may offer.
- In the event that the Company is unable to conduct a particular tour, the Company may at its own discretion, refund the amount of the cost/ the deposit of the said Holiday to the client without any interest on the same.
- The client shall not be entitled to make any grievance/ avail any other compensation thereafter in respect of the above.
- In either of these above cases the client shall not be entitled to, or the Company shall not be liable to pay, any amount as refund, to the client for any damage, additional expenses, and/ or consequential loss suffered by him/her.
The Company shall under no circumstances whatsoever be liable to the client or any person travelling with him for:
- Any death, personal injury, sickness, accident, loss of or damage or any kind of theft howsoever caused.
- The temporary or permanent loss of or damage to baggage or personal effects howsoever caused.
- In this condition the expression ‘howsoever caused’ includes wilful negligence on the part of any person.
- In the event the client is booked on a particular airline and due to any reason, the said flight is over booked, and the client is not allowed to board the flight, the client shall not hold the Company responsible for the same and no claim whatsoever shall be made by the client against the Company.
- The Company shall not be responsible and/or liable for any damage caused to the client due to reasons beyond the control of the Company (Force Majeure Vis Majeure)
- No liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, part of a holiday excursion, service and/ or facility, provided by the Company and/ or its Independent Contractors, shall exceed the total amount paid for the Holiday and shall in no case include any consequential loss or additional expense whatsoever to the Company.
If the client has any complaint in respect of services provided by any of the independent contractors / any employee of the Company, the client shall immediately notify the same in writing to the Company to take up the matter with the independent contractor / its employee.
In case of situations occurred while availing of the services such as delay / improper service provided by any independent contractor / for any injury / death / loss and/ or damage, to the client which may be caused, by any act on the part of the management or employees of any independent contractor, the client may write to the Independent contractor directly with a copy marked to the Company.
Any claim or complaint by the client must be notified to the Company in writing within thirty days of the end the tour.
Any client travelling by air will be liable to adhere to restrictions/ limitations on baggage weight, size, and number, specified by the airline. The responsibility to inquire about the restrictions / limitations set by the airline, lies with the client. The Company shall in no way be responsible for the client’s ignorance of the said restrictions / limitations, nor will the Company be responsible for the client facing any loss, damage, injury and/ or penalty and/ or any other inconvenience due to his/ her ignorance of the same.
CONDITIONS OF TRAVEL
- The client must strictly follow the Holiday program as per the validity of the train/ air tickets/ holiday vouchers given. It shall solely be the responsibility of the client to reach the place of commencement of the Holiday and to register with the representative of the Company at the appointed place, date and time, as specified by the Company.
- The client shall not behave in a manner which may cause distress or annoyance to, and/ or which may create the risk of danger or damage to the lives/ property of the Company and/ or its Independent Contractors and/ or the other clients/ co-travellers/ co-passengers and/ or the general public.
- It is hereby declared that the immunities provided under this contract shall be available/ applicable to the Company, its Managers, including its Holiday Manager, employees, servants and its agents but shall not be available/ applicable to the independent contractors selected by the Company.
- Each of these conditions shall be severable from the other and if any provision be deemed invalid, illegal or unenforceable, at any point in time, the remaining provisions shall nevertheless have full force and effect.
- For settlement of all claims/ disputes/ grievances of whatsoever nature relating to the tours/ services marketed/ advertised/ co-ordinated by the Company, the jurisdiction lies with the courts of Mumbai alone. The decision of the court shall be final and binding on both parties, namely the client and the Company.
- All tours are subject to laws, rules of RBI/ GOI.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Big Wings Tours & Travels, you may contact our Customer Service department, the information of which is provided in the customer service section of the Site.