Cosmos - The Canadian Rockies

a. “You/Client” means and includes the Lead Passenger & on whose behalf the Booking is made and / or the person making the Booking.

b. “We”/”Us”/”Company” means Thomas Cook (India) Ltd.

c. “Independent Contractors” means Hotelier / Hotel owner, Owner of any airlines or shipping company or Railway, Ferryboat owner / Operator, Coach owner / Operator, or any other person or organization who has been selected by the company to render services to the client.

d. GST means and includes Goods and Service Tax.

e. TCS- TCS means and Includes Tax Collected at Source

1) There is no Contract between the Company and the Client until the company has received the initial deposit as stated in the clause regarding ‘payments’ 

2) The company has the right at any time and for any reason: 

• To terminate this contract after acceptance of deposit but prior to the Commencement of Tour without assigning any reason whatsoever. In the event, the company terminates this contract, the company shall refund the amount paid by the client without payment of any interest. 

• To amend, alter, vary or withdraw any tour, holiday, excursion airline, flight routing or facility or discounts / concessions it has advertised or published or to substitute an Independent Contractor of similar class if it is deemed advisable or necessary. In either case, the company shall not be liable for any damage, additional expense, or consequential loss suffered by the clients or for any compensation claims made. 

• To use alternate cruise liner, cabin category it has advertised or published or to substitute a cruise of similar class if it is deemed advisable or necessary. In either case, the company shall not be liable for any damage, additional expense, or consequential loss suffered by the clients or for any compensation claims made.

3) No person other than the company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition in the brochure. 

4) In the event of the company exercising its rights to amend or alter any of the services as mentioned in the itinerary, after such tour or holiday has been booked, the client shall have the right: 

A) To continue with the tour or holiday as amended or altered or, 

B) To accept any alternative tour or holiday which the company may offer. In either of these above cases, the client shall not be entitled to, or the company shall not be liable to the client for any damage, additional expense, consequential loss suffered by him or to pay any amount as refund.

C) To cancel the tour, in which event the cancellation charges as stated herein shall apply and the client will be liable to pay to the company such charges. 

5) The company shall in no circumstances whatsoever be liable to the client for: 

A) Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any misadventure howsoever caused. 

B) Any act, omission, default of Independent Contractor or other person or be any servant or agent, employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facilities or service for the client or for any person travelling with him howsoever caused. 

C) The temporary or permanent loss of or damage to baggage or personal effects howsoever caused.

6) a) If the client has any complaint in respect of the services provided by any of the Independent Contractors, the client shall immediately notify the same in writing to the Independent Contractor and a copy thereof should be handed over to the Tour Manager of the company in order to enable the company to take up the matter with the Independent Contractor so that in future other clients do not face the same difficulty. 

Any claim or complaint by the client must be notified to the company in writing within 7 days of the end of this holiday tour. No claim notified to this company beyond this period will be entertained and the company shall incur no liability whatsoever in respect thereof. 

7) The tour is subject to RBI / GOI rules & regulations. Part of the tour cost will be paid in EURO / USD / AUD / GBP / NZD / CHF / SGD etc out of your BTQ. 

8) Client hereby expressly consents and authorizes the Company to share his/her or his/her family/group information or data to any Supplier, Independent Contractor or third party for the purpose of providing services to the Client. The Client’s aforesaid consent and authority also extends to all such third party products, items and offers including sim cards which the Company may offer for free along with the Tour package and which is not being separately sold to the Client.

The said products, items and offers being free would be availed by the Client at the Tour cost without requiring the Client to pay any price towards the same. The use of the products, items and offers and related after sales services shall be the responsibility of all such third party Manufacturer or Service provider and the same shall be subject to the terms of Use of such third party manufacturer or service provider. The Client may in his/her own discretion avail or refuse to avail the products, items and offers. 

The Company does not guarantee or warranty that the products, items and offers offered to the Client along with the Tour package shall be of a superior quality or that it shall meet the expectation of the Client or that the performance of the products, items and offers shall be satisfactory. These products, items and offers are offered by the Company to the Client on “AS IS”, “WHERE IS” and “HOW IS” basis, free of cost to the Client without any liability, risk or responsibility on the part of the Company. 

9) The Client confirms that with regard to the booking, the address of the Client as mentioned in the Booking Form/ e-booking form is accurate and complete in all aspects, and the said address will be used by us for determining the “location of the Client” for the purposes of levy of GST. 

10) 

TCS on Purchase of Overseas Tour Program Package: Tax Collection at Source (“TCS”) at the rate of 5% on Overseas tour program package up to INR 10 lakh and 20% beyond INR 10 lakhs per individual payer per annum shall be levied under section 206C(1G)(b) of the Income Tax Act on Overseas tour program package services. Declaration specifying the amount utilised on Overseas tour program package by each payer needs to be furnished as per the format provided by Thomas Cook (India) Limited.  The TCS collected will be reflected in the 26AS of the passenger who has paid for the Overseas tour program package.

Disclaimer Note for Non-refund of TCS: In the event of cancellation of services and refund of amount for tours booked in the previous financial year, Tax collected at source under section 206C(1G)(b) of the Income Tax Act, 1961 shall not be refunded. The non-refunded TCS will be reflected in the 26AS of the passenger in whose name invoice is raised for claiming Income Tax credit.

TCS on Standalone Hotel and Rail Services: If LRS limit of INR 10 lakhs is utilised during the current year, then TCS as applicable will be levied on standalone services.

TCS Compliance: In compliance of provisions of Section 139AA for “Inoperative PAN”, I/ we confirm that I/we have linked my/our Aadhar Number with my/our PAN, wherever applicable.

11) We value and respect our staff members, vendor(s), representative(s), employee(s) and tour manager(s) who work tirelessly to make your tour memorable and successful. You are requested to co-operate and support our staff, vendor(s), representative(s), employee(s) and tour manager(s) at all times during the tour and more particularly during exigencies and trying times, when our staff, vendor(s), representative(s), employee(s) and tour manager(s) would work hard to restore normalcy. During such times, we look forward to your understanding, patience and support to come out of the impasse. We have a zero tolerance policy against any abusive behaviour, wrong doing, misconduct and violence towards our staff, vendor(s), representative(s), employee(s) and tour manager(s) on tour. Any such action, omission, commission, wrong doing, misconduct, violence and abusive behaviour by you, towards our staff, vendor(s), representative(s), employee(s) and tour manager(s) shall be dealt with seriously leading to immediate disembarking/offloading of the Client from the tour including initiating appropriate legal proceedings against the Client at his/her cost and consequences, in accordance with the applicable law.

All payments towards the tour cost shall be made by the client to the company in accordance with the procedure and time frame mentioned herein below. The  contracted, a minimum deposit as given in the table below is to be paid by you to the Company. Such deposit shall hold the booking on confirmation basis and such deposit is non-refundable ( forfeited)and interest free, subject to the cancellation policy as mentioned hereinabove. The balance amount shall be paid as per the amounts and the percentages as detailed in the table hereinbelow. In the event of billing errors, the Company reserves the right to re-invoice. You shall pay a sum of Rs.500/- for each instrument in case the cheque dishonoured by the bank. Further, the Company reserves the right to take necessary legal action in respect of the dishonoured cheques, as may be advised.

The tariff of the tour quotation is calculated as per the rates prevailing at the time of quoting it. Total tour tariff should be paid within 30days before tour departure or due date mentioned in the invoice, whichever is earlier. Interest @ the rate of 12% p.a. on daily basis will be charged on such delayed payment. The Company reserves the right to change the tariff in the event of modification / alteration / change / variation in the said rates before the date of departure. Any such increase in the tour tariff accordingly, must be paid in full by the client before tour departure. Any increase in tour tariff during the tour must be paid in full by the client on tour. All tour tariffs are exclusive of all taxes applicable from time to time. Clients hereby unconditionally accept that the prices, set of services and inclusions may vary on product to product or departure to departure level and the same shall not be considered for any kind of comparison universally. Further, the clients acknowledge and accept that the tour tariff are at the time of publication and are subject to change.

All payments made within 10 days prior to the tour departure date shall have to be paid via Bank Transfer / Demand Draft (no cheques will be accepted) in favour of the Company. For payments exceeding a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) or in the event the value of file exceeds a sum of Rs. 2,00,000/- (Rupees Two Lacs Only) or a sum equivalent to the Foreign currency, a copy of the PAN Card is mandatory for Terms & Conditions.

Payments made in the Indian National Rupee (hereinafter referred to as the “INR”) towards the foreign exchange component of Your tour shall be calculated as per the Rate of Exchange (hereinafter referred to as “rate of exchange”) prevailing on the day of payment made by You. The documentation i.e. A2 form, Passport Copy, PAN Card Copy etc) and payments to avail foreign exchange shall be as per the Reserve Bank of India regulations. Payment towards foreign exchange component made in INR shall be received to the Company directly from the Client in accordance with Reserve Bank of India Guidelines. The card that is swiped for payment of the tour’s foreign exchange shall only be that of the Client himself / herself. The Client cannot use his / her card for payment of another person’s foreign exchange component of the tour package except for his / her dependent parents and / or child or children. The foreign exchange payment is a part of BTQ (hereinafter referred to as the “Basic Travel Quota”) of the Client.

3% service charges (i.e. remittance charges) would be applicable, if Client chooses to pay the Company in Foreign currency notes. Proof of purchase from Full Fledged Money Changer (herein after referred to as the “FFMC”) should accompany such payments made by Client when above USD 2000. Client holding a passport issued by a country other than India shall be required to make payment in foreign currency for the foreign currency component of the tour cost and not in INR. Payment Procedure: We urge our Clients to ensure that all payment/(s) are made to our Company's designated Bank account only and to insist on a printed payment acknowledgement slip and receipt. The Client shall not make payment/(s) to any staff or individual’s bank account or any third party bank account, in the event of which the Client shall be solely responsible and/or liable for the consequences thereof and the Company hereby expressly disclaims any responsibility and/or liability arising thereto.The cost of the MBD would be Per Person

For customized packages excluding Flights:

For customized packages including Flights: 

 
General Notes:

1. *For Hotels & Room types that come with a non-refundable rate, 100% payment is required to book & confirm the hotel selected, irrespective of the booking date & travel date.
2. All payments towards the tour cost must be made by the client to the company in accordance with the procedure and time frame mentioned herein.
3. *For Air tickets being issued / blocked on time limit: Full INR component will be collected before issuance, else price will be subject to change. 
4. *Initial Booking deposit will be collected as per the amount mentioned or the Package Price whichever is lower.
5. Full payment must be made in accordance with the procedure stated above. In case of non-compliance thereto by the client, the company reserves a right to cancel the tour/booking of the client with subsequent loss of deposit and apply and recover the cancellation charges as mentioned herein.

If there is any product with a different minimum booking deposit amount, it will be informed at the time of booking.

Full payment must be made in accordance with the procedure stated above. In case of noncompliance thereto by the Client, the Company reserves a right to cancel the tour /booking of the client and forfeit the amount already deposited with the Company and in case of the shortfall recover further monies as cancellation charges mentioned herein.

In the event of a delay in visa processing by the embassy or consulate, TCIL shall not be held liable for any inconvenience caused to the Client.

Any communication directed at the address or made through / on the contact details such as e-mail id, cell phone/telephone no. / fax no. of the Client as disclosed in the “Booking Form” or E- booking form made to the travel agent through whom the Client has made the bookings with the company shall be deemed to have been communicated to and received by the Client. The Company shall not be responsible for any error on the part of the mode of communication or the Travel Agent in this regard. 

You will be out sightseeing most of the time and hence we have taken care to select and/or book the Hotels which are convenient and comfortable subject to the availability of the Hotel.

In the event that the Hotels are not available then the same shall be booked away from the city centre. The rooms are comparatively small, we would recommend only 3 persons in one room for your own comfort. Triple rooms are usually no larger than twin rooms and the third bed is often a rollaway cot put in a twin room for the night. Also due to favourable conditions in certain countries, most of the hotels may not have air conditioners / fans. In case of any improvements with hotel services, guest/s are requested to inform reception. Most of the rooms have a private bath or shower, air-conditioning, central heating and other facilities subject to various factors including weather / climatic conditions, local systems, tour type, etc.   It is pertinent to note that the category of hotels shall vary according the tour package booked by You. The Hotels will either be those shown in the itinerary or of the same category. Due to trade fairs and conventions in the cities the Hotels may be blocked out for more than 2 (Two) years in advance. In such circumstances,  You may have to stay in Hotels further away from the cities and itineraries may have to be altered / amended.

The Client should review hotel ratings and reviews provided by third-party sources to ensure that the hotel meets their expectations.

All baggage and personal effects are at all times and under all circumstances are the responsibility of the Client. We shall not be responsible or liable in case of loss or theft or damage of such items from the hotel premises / Coach / Cruise / Airport / during travel or place of visit etc. Some hotels offer the facility of safe deposit lockers, which can be availed of by You at your own cost and risk. The Company shall not be liable for any loss / theft from the same. Any damages caused to the hotel rooms / Coach / place of visit etc. during your stay / tour / visit, shall be borne and solely payable by You, and the Company shall not be liable for the same. Company is not liable if there is sudden disruption / disorder of telephone, internet services, and other amenities while staying at the Hotels. The Company shall not responsible for the facilities provided or not provided in the room / bathroom / hotel premises etc. by the Hotel or its staff. Rude or Unprofessional behaviour of hotel staff does not come under the direct purview of the Company and the Company shall not be responsible for the same. Facilities like mini bar, internet, paid television channels, telephone etc., are   excluded from the Tour cost and same shall be directly paid by the Client to the Hotel.

It is pertinent to note that the Client shall abide by the check in / check out time of the Hotel. Any changes made directly therein, the same shall be paid solely paid by the Client to the Hotel and the Company shall not be liable for any compensation.

A) The Client will have to strictly follow the Tour Program and return to India as per the tour itinerary. There shall be no refund, if the client fails to join the group at the commencement of the tour, or joins the group later or leaves the group before the culmination of the tour. It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time.  It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time.

B) In case if a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of passport or any travel documents, no claim shall be entertained for refund of unutilized services.

C) Even if a client is unable to reach the place of commencement of the tour due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as “no show” on the tour and 100% cancellation charges will be levied.

D) If a client avails pre - tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre - tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.

E) The Company, reserves the right to drop / remove / discard from tour anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other clients and the Company shall be under no liability to any such person. It is hereby declared that the immunities provided under this contract shall be available to the Company’s Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the company.

F) Each of these conditions shall be severable from the other and if any provision be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect. No liability on the part of the Company arising in any way out of the Contract in respect of any tour, holiday, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever.

G) The prices quoted in this brochure have been calculated at the rate prevailing at the time of printing of this brochure. The Company reserves the right to amend the prices published in this brochure in case of currency fluctuations, changes in the various gross rates of exchange, and / or fuel costs, special /high season charge levied by the suppliers, hike in the airline/rail charges before the date of departure and surcharge accordingly. All such increases in price must be paid for in full before the departure by the client.

H) If you book with your own travel agent and your booking with that agent includes, but is not limited to Thomas Cook arrangements, your contract is with your travel agent and Thomas Cook is simply an agent to your travel agent.

I) In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance of the contrary is published.

J) The company shall in no circumstances whatsoever be liable to the client for:

i) Any over stay expenses due to delay or changes in bus / air / trains / ship / or cancellation of special bogie or other services due to sickness, weather conditions, strike, war or any other cause whatsoever.

ii) Sightseeing missed & / or program being cancelled after the commencement of the tour & before the due period due to any unavoidable situations / natural conditions which are beyond our control.

iii) Any Loss / Damage of baggage by the Airlines / Hotels / Coach / Cruise.

K) In the case of one or more but not all clients signing ‘Booking Form’  or acceptance of OTP it shall be deemed that others have duly authorized concerned signing client / (s)

L) Initial deposit only ensures registration, to receive any services including Ticketing, Visas, and Hotel Accommodation from the Company, client will have to make full payment towards the same.

M) We cannot endow with individual aid to any of the client / traveler for walking, dinning, getting on & off from any of the transport vehicle or other personal needs. So it is indispensable that a qualified companion must accompany such client/traveler who needs such assistance. In the absence thereof, such client/traveler will be joining the tour on his own risk and consequences.

N) The client/Traveler must have his / her passport valid for at least 6 months subsequent to such departure date.

O) The Tour Documents viz. hotel vouchers, tour itinerary, air tickets etc. will be sent through electronic mode by way of email addressed to the registered email id of the Client alternatively the Client may access the Tour Documents by downloading the same from the Travel App called Thomas Cook Holidays app (available on Playstore or app store) maintained by the Company.”-

P) Company solely reserves the right to publish group photographs of the clients taken during the tour.

Q) Distance, temperature & pre/post tour accommodation prices given in the Brochure are approximate & are subject to change.

R) Photo of meals & sightseeing published in the Brochure are only for reference & may change from actual meals served/sights.

S) In case company offers any adventures activities then it is significant to note that all the clients should enjoy such activity / ride at their own risk as such kind of adventure might be risky at times especially for heart patients, expecting women, people with Blood Pressure etc.

T) Incase the “World is going through pandemic and we as responsible citizens and travellers need to comply with laws, rules, notifications, Travel advisories, guidelines, directives and communications issued from time to time by all or any the Government Authorities, Ministries, Departments, Local Bodies in India or Abroad pertaining to protocols for movement in public places. You agree to unconditionally abide, adhere and comply solely at your costs and expenses to all laws, rules, notifications, Travel advisories, guidelines, directives and communications issued from time to time by all or any Governments, Authorities, Ministries, Departments, Local Bodies in India or Abroad, related to your tour to the foreign destination and/or on your return from the tour to your home destination in India or Abroad including but not limited to Protocols on quarantine, vaccinations, movement in public places like hotel’s public places, sightseeing spots, bus/ car etc. or in connection with any other Pandemic, epidemic, disease, condition etc., which may be communicated by all or any Governments, Authorities, Ministries, Departments, Local Bodies in India or Abroad with or without notice at any point of time whether at the commencement of the tour, during the tour and/or on the completion of the tour, as the case may be. You agree and confirm that you would be following appropriate behaviour throughout the tour including Social distance, frequent hand washing, always masked throughout the tour. You will be responsible for any consequences arising out of non-adherence of the protocols”.

U) The tour will be operated subject to a minimum of 20 full paying clients traveling together. The services of Thomas Cook Tour Manager will be provided with a group of minimum 20 full paying clients. In the event that the group size is less than 20 clients you will be given an option of travelling on another departure date.

“We encourage you to take Trip Protection Plan in your own interest. The benefit of availing Trip Protection Plan is that in selected circumstances, as detailed herein below, if you opt for cancellation of your Tour, then instead of the applicable cancellation charges you would be applied cancellation charges at concessional rate. The Trip Protection Plan costing is in-built in the Tour cost itself.”

If you decide not to opt for the Trip Protection Plan, then you would be entitled for reduction in the tour cost to the extent of Trip Protection Plan Cost. However, we sincerely recommend you in your own interest to avail the Trip Protection Plan, by spending marginally on Trip Protection Plan and maximising your savings by reduction in the cancellation charges, in the event of cancellation. The refund under Trip Protection Plan shall be a fixed percentage of pre-agreed Tour cost determine basis the communication of cancellation from the Tour date and it shall exclude the Visa fees,Trip Protection Plan charges and insurance which shall not be refunded under any circumstances.

Let us now understand in more detail about the Trip Protection Plan.

When can you invoke the Trip Protection Plan:

i. In the event of death of a Traveller or Co-Traveller or his/her immediate family member.

ii. In the event of visa rejection of Traveller or Co-Traveller.

iii. In the event of sudden hospitalisation or medical emergency of the Traveller or Co-Traveller.

How do we invoke the Trip Protection Plan:

i. You need to notify in writing (by filling Tour Refund Form) to TCIL office from where you booked the tour within 5 days of the event, which caused you to cancel the Trip.

ii.You need to liaise with TCIL office from where you booked the tour and submit a tour refund form.

iii.Attach necessary documentation to support the reasons for cancellation of tour:

a. Hospital / Medical reports along with attending Doctor’s certificate certifying unfit to travel.

b. Certified death certificate in the event of a death.

c. Visa rejection letter.

d. Any other relevant documentation as requested by the  Company to substantiate the reason for cancellation.

iv. Provide any additional information or evidence requested by the  Company to assess the validity of the request  under the Trip Protection Plan.

v. Cooperate with the Company during the documentation  process, including providing further documentation or information if required, and responding to any inquiries or requests in a timely manner.

Significant Points to remember in the Trip Protection Plan

1. Refund under Trip Protection Plan shall not be processed if full payment of Tour Cost is not received by the Company.

2. Trip Protection Plan does not cover cancellation of the Tour by the Company.

3. If tour cancellation happens due to previous rejection case or pre-known medical condition, which was known at the time of booking, you shall not be eligible to invoke Trip Protection Plan and receive any refund thereto.

4. Failure to communicate cancellation to the Company within 5 days from the date of occurrence of event, exceptions will be accepted only in the cases of death or hospitalisation.

5. The document submitted by you, in support of your case does not substantiate the facts relied upon by you.

6. The decision of the Company shall be final and binding upon you.

7. The TAT for refund shall be 30 days from the day of receipt of complete documents.

8. The Refund shall be in the form of cheque/Gift Voucher/Gift Card. Additional 2% of refund amount will be given to you, when you opt for Gift Voucher/Gift Card. The validity of Gift Voucher/Gift Card shall be one year from the date of issue of Gift Voucher/Gift Card”.

For Customization packages:

The services to be provided are booked several months in advance, cancellation of such services earmarked for a particular departure results in the Company losing money depending upon the time of cancellation to the Supplier. Therefore any cancellation of tour / services booked will attract cancellation charges as specified by the company. If you book a third party product or service, the Terms and Conditions and cancellation policy of such third party would be applicable in addition to the Company's Terms and Conditions. Any cancellation of tour / services has to be in writing clearly stating the reasons for cancellation. You expressly agree to the foregoing terms

The company reserves the right to cancel any Tour prior to the departure, without assigning any reason. In such an event, all monies paid by you will be fully refunded forthwith in Indian Rupees currency only, but no compensation will be payable. The company cannot assume responsibility for any additional cost or any fees relating to the issuance and/or cancellation of air tickets or other arrangements not done through the company. 

Notes:

• The above is a general cancellation policy and the same is subject to change depending on the travel date, the destination, the package and the services booked and paid for.
• For Dynamic properties and Reconfirmed Bookings, the above Cancellation may not be applicable and could vary.

We use air-conditioned/air-cool luxury coaches. However, sometimes due to extreme weather conditions the same may not seem to be very effective. The Company shall not be responsible for any defect in the coach or in the Air-conditioner / air-cooler or for the behaviour of the driver or the attendant. If you are carrying any high value items on the coach, we advise You not to leave them behind when You leave the coach. We shall not be responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances responsibility of the Client. Any damages caused to the coach during Your travel under this booking  shall be solely payable by You without any recourse to the Company. The drivers are bound by specific rules, like maximum driving hours within a day and during a week, rest period per day / week etc. Clients shall have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel, otherwise certain sightseeing schedules may be missed due to your actions / delays and the same shall be non-refundable.

Company is not responsible for any loss or damage to personal belongings during the stay in the hotel or while traveling in the coach. Due to theft or loss of baggage, tour participant can lodge a complaint with the local authorities on his / her sole discretion, cost, risk and consequences.

The Client acknowledges and agrees to assume full responsibility for their baggage and personal belongings throughout the duration of their travel. The Company shall not be held liable for any loss, theft, damage, or misplacement of the client's luggage, belongings, or valuables, whether occurring during transportation, accommodation, or any other aspect of the travel itinerary.

The Client understands that it is their sole responsibility to always ensure the security and safekeeping of their possessions at all times during the trip. This includes; but it is not limited to properly securing luggage, safeguarding valuables, and adhering to all relevant security protocols and guidelines provided by the Company or its affiliates. It is clarified that the Company shall not be held liable for any financial or material compensation arising from such incidents.

The Client is strongly advised to procure appropriate travel insurance coverage to mitigate any potential financial losses resulting from baggage loss, theft, or damage and Health related.

The Company reserves rights to adjust/ change  the Package Holiday price or terms, including terms of cancellation and refund policies for a holiday package, due to significant variations in demand, supply, cost and other factors caused by:Seasonal fluctuations (Christmas, New Year departures etc. );Force Majeure events (e.g., natural disasters, political unrest, strikes, sporting events etc.);Adverse weather conditions (e.g., extreme temperatures, storms etc.);Changes in Animal Migration and plant flowering patterns and other disruptions in the natural order. Other unforeseen circumstances beyond the Company’s control. If a price adjustment /changes in price or changes in terms of  cancellation and refund policy  etc. has been effected , then  Company will notify such  changes to the  Client at the time of booking.

The Company shall not be responsible and/or liable for any damages caused to You or any of the member of your group or if the performance hereof is prevented or delayed  due to the reasons which are beyond the reasonable control of the Company, which shall include acts of God, riots, wars, accidents, embargo, terror attacks, coup strike, natural calamities or requisition (acts of government), or delays / negligence / carelessness in the performance of the independent contractors caused by any such circumstances as referred herein. Any additional cost incurred by the Company, for the services provided to the Client, during the Force Majeure event, shall be paid by the Client.

1. All dispute / complaints with respect to these terms and conditions and the tour and services shall be subject to the jurisdiction of Courts at Mumbai only.

2. Upon signing the booking form, these terms and conditions shall be binding on both the company the client and shall become the only basis of relations between the parties and all previous communications in whatsoever form or mode, whether oral or otherwise, with respect to any term or conditions of the tour and services shall stand cancelled / revoked / terminated. I am authorized on behalf of the person (s) named in the booking form to act, accept and consent on their behalf (s). I have read and understood all the terms and conditions as mentioned hereinabove and all my queries have been answered by the Company representative to my satisfaction and accordingly I have voluntarily agreed, accepted and consented to abide by these terms.

These conditions are applicable to every client of the Company, who books a Brochure Tour or any Special Tour or travel arrangement. In the event of a client booking through us a Tour and / or Tour Arrangement of any other Cruise Companies like Royal Caribbean, Norwegian Cruise, Carnival, Cosmos etc; the “Terms and Conditions” specified by such Cruise Companies, including their payment schedule, cancellation, refund etc shall be applicable, in addition to our “Terms and Conditions” while determining the contractual relation between the Client, the Cruise Company and us. The receipt issued by the Company is subject to the amount being irrevocably credited and realised in the Company’s Bank account. In case of online/electronic payment of monies to the designated Company’s bank account by the Client, the Client undertakes to irrevocably credit and realise the monies dues in Company’s Bank account and not issue any instructions to his/her/their banker or cause to do any act, deed or thing in furtherance of reversing, debiting, nullifying or recovering the due credit made to the Company’s Bank account. The Client further undertakes and confirms that the Client shall be bound to pay the monies towards the tour cost to the Company, if the same is reversed, debited, nullified, or recovered from Company’s Bank Account due to any technical snag, system error, internet issues or for any reason whatsoever. The Client shall voluntarily make good the loss caused to Company due to such reversal, debit, nullity, recovery of monies from Company’s Bank account without waiting for any official intimation from the Company to the said effect. Client hereby indemnify and keeps indemnified the Company from all claims, demands, liabilities, expenses and losses arising due to any and/or all reversal, debit, nullity, recovery of monies from Company’s Bank account due to any technical snag, system error, internet issues or for any reason whatsoever, without any further objection, demur or protest.

Any request for deviation by the client which may be in the form of an additional service(s) or reduced service(s), from that which is being offered in the pre-booked tour, shall be communicated by the client to the Company in writing. The Company shall register the request for deviation subject to receipt of advance caution money for services under deviation. However, registering a deviation request and receiving advance caution money towards the same shall not guarantee the acceptance of deviation request by the Company. The Company shall subject to the availability of the services, as per the deviation request of the client, accept or reject deviation. If the Company accepts deviation then it shall confirm the deviation date and collect the balance monies if any, along with the applicable taxes upon the confirmation of the deviation. The Company does not assure, guarantee or warrant that the deviation request of the client shall always be accepted and disclaims all liability, and / or responsibility arising thereto.

We treat all the information furnished by you as confidential. However, you consent and authorize us to share all or any information pertaining to you with airline, hotel or other service providers who will provide the services to you during your tour and also to fellow traveler (s). You acknowledge that we shall be constrained to disclose the information furnished by you, if such disclosure is required by the law or by an order of a court or the rules, regulations or enquiry by any government / statutory agency having regulatory or statutory authority over the Company.

The menus are pre-set menus provided for meals on the tour. The types of meals are clearly indicated in the brochure. Unlike an airline, we cannot provide a special meal, nor do we guarantee a special diet to the Client, except to the extent mentioned in the brochure.

We however reserve the right to change the meal arrangement if circumstances make it necessary to do so without assigning any reasons thereof. In the event that the Client misses any meal during the tour for any reason whatsoever then no claim for the refund shall be entertained by the Company. Special requests for room allocation, diet consideration on tour / cruise / flight etc. shall be made in writing 45days prior to the final payment of this Booking Form, but all such requests shall be subject to availability. The Company will not be held liable for claims of damages or consequential loss if the Company is unable to process such requests for want of availability. The Client may request changes to meal preferences or special requests after booking, subject to availability and any associated fees or restrictions. Late requests may not be accommodated.

All information given in this brochure / itinerary is based on the information available at the time of publication as brochures are printed several months in advance . We reserve the right to change any brochure / itinerary information before or after your booking of the tour due to any events beyond our control. The Client acknowledges that the details provided in the brochure/ itinerary, are for indicative purposes only. The Client understands that actual tour experiences may vary from the descriptions provided in promotional materials.

The Company reserves the right to modify or alter the itinerary of the tour due to unforeseen circumstances or force majeure events beyond its control. Force majeure events include but are not limited to natural disasters, adverse weather conditions, political instability, civil unrest, acts of terrorism, and any other events deemed beyond the reasonable control of the Company.

The Client acknowledges and unconditionally agrees and confirms that such changes may be necessary for the safety and enjoyment of the tour.

In case We are aware of any changes sufficiently in advance, We will notify You at the time of booking or prior to travel otherwise our Tour Manager or Local representative will inform You of the changes.

Major road works may necessitate route changes in the itineraries, restaurants may close or change management, all of these may cause us to make changes in the itineraries. Where we know of these sufficiently in advance we will notify you, otherwise our Tour Managers or Local Representative will inform you of the changes on the spot. There are also very big fairs and exhibitions, where all the hotels are fully booked well in advance, and therefore it may be necessary to stay in hotels in other cities.

We may modify the itinerary based on various factors like maintenance of historical monuments, museums, major events like sports conventions, religious festivals, political gatherings, strikes etc.

We may take a detour to reach sightseeing places due to traffic conditions; road blocks and that may vary the course of itinerary. Clients are responsible for the adherence to time at all stages of the tour. In the event that a Client misses on any part of the sightseeing tour or any such tour due to delay on his part then the Client shall not be entitled to claim any refund of the same. The Company shall not accept any liability or responsibility for any damages, loss, baggage loss, injury, accident, death, breakdown, or irregularity, which may occur in carrying out the tour arrangement, weather conditions, strikes, war, quarantine and any other cause whatsoever and all such loss or expense shall be borne by the Client. We reserve the right to claim any additional expenses incurred due to delay or changes in schedules of train, aeroplane, bus, ship, number of nights at the destination and hotels before or after any guest makes booking and / or registration for any tour or any other services. We further reserve the right to amend, alter, vary or withdraw any particular departure; excursions advertised or substitute a hotel of similar category if deemed necessary.. These terms shall be read together with the brochure / itinerary but these terms shall prevail over the brochure / itinerary and shall override the brochure / itinerary to the extent that it is contradictory or conflicting thereto.

By signing / accepting the OTP ;this Booking Form, the Client agrees to the aforementioned conditions regarding force majeure events and the indicative nature of brochure details.

The Company shall not be liable to the Client or any person traveling with him for Loss of Baggage by the Airline in case of  failure to provide meal of the Client, overbooking of the seats by the Airline, failure on the part of Airline to accommodate Client despite having confirmed tickets, meals offered by the Airline / quality of meal, flight delay, if the Client misses the flight, changes of flight schedule / routing / airline mentioned at the time of booking, or any other reason whatsoever. In the event that the Client is booked on a particular Airline on a particular date and due to certain reasons beyond the control of the Company, the Client is not allowed to board the flight, then the Client shall not hold the Company responsible for the same and no claim whatsoever can be made by the Client against the Company. Airport taxes / Airport Development Fee as applicable shall be paid  by the Client solely. All the booking / cancellation / change of the airline ticket and the travel on such airline ticket will be subject to the terms and conditions of respective Airlines and the same may be provided to the Client by the Company upon request from Client. Airlines are operating as per its own norms, rules and regulations and Client shall strictly adhere to the same.

Refunds (If any) for amendments and / or cancellations shall be paid directly to You for bookings made directly with the Company’s office. For bookings routed through the Travel Agent, the refunds shall be routed through them. It would take at least 30 business days to process the refunds. There is no refunds payable for any unutilized or partially utilized services (e.g. Airline tickets, Meals, Entrance Fees, Optional Tour, Hotel, Sightseeing , non-refundable services etc.) The refund for the foreign exchange component of the tour will be refunded in INR only and will be at the prevailing days rate of exchanges of the Company as per Reserve Bank of India Rules & Regulations, irrespective of whether the tour payments in part or whole were made in foreign currency.

Third Party refund i.e. airlines, cruise, overseas suppliers could take between “30 to 90 business days”, provided relevant supporting documents are provided to the Company. If a tour is cancelled by the Company, then all monies will be refunded after taking into consideration the actual expenses incurred for Visas, etc.

There is no Refund for any unutilized services. The booking amount is non-refundable in nature. Full payment must be made in accordance with procedure state above, In case of non-compliance thereto by the Client, the Company reserves a right to cancel the tour/booking of the Client and the booking amount shall stand forfeited in favour of the Company and in case of the shortfall the Company reserves its rights to recover further monies as cancellation charges from the client.(Comments :added by TCIL Legal)

1. Hospital Admission:

(a)In the event that the Client or an immediate family member of the Client (spouse, children, or parents) is admitted to a hospital, it shall be the responsibility of the Client or an immediate family member of the Client (spouse, children, or parents) to furnish the sales representative with the hospital admission card as evidence of such admission. The Client or an immediate family member of the Client shall notify the Company of the hospital admission as soon as reasonably possible, but no later than 48 hours from the time of admission. Delayed notifications may impact the eligibility for credit notes or refunds. This documentation is required to initiate the process of obtaining a credit note or refund. Failure to provide this documentation promptly may result in delays or the forfeiture of any potential credit notes or refunds.

(b)The hospital admission card must include the patient's name, date of admission, and the hospital's contact information. The submission of this card serves as formal proof that the medical condition necessitated hospitalization, and it is crucial for processing any financial adjustments or claims related to the booking.

(c)Thomas Cook reserves the right to verify the authenticity of the hospital admission card and any related documentation. This verification process may include but is not limited to, contacting the hospital directly, requesting additional documentation, and consulting medical professionals.

(d)Any discrepancies or fraudulent submissions identified during the verification process will result in the immediate rejection  of the claim. In such cases, Company may take further legal action against the client  or an immediate family member (spouse, children, or parents) and/or any person involved, in such circumstances, each Party shall bear and pay the fees of their respective Advocates. Additionally, any costs incurred by the Company during the investigation and verification process shall be the responsibility of the client .

(e)It is pertinent to note that the Company shall charge an administrative fee to the Client for processing the credit note or refund in relation to the hospital admissions. This fee shall be communicated to the Client at the time of the claim and will be deducted from the total amount of the credit note or refund issued.

2. Credit Note:

(a) Pursuant to the verification of the hospital admission card and upon receipt of the hospital admission card, the Company shall engage in negotiations with the relevant vendor to ascertain any liabilities. The Company will communicate the same with the Client or an immediate family member of the Client (spouse, children, or parents) regarding the issuance of a credit note, which shall be valid for a period of 1 (one) year.

(b) In the event that the Client or an immediate family member of the Client (spouse, children, or parents) elect to receive a monetary refund in lieu of a credit note, the Company shall process the said refund within 7 (seven) days from the date of the initial written communication requesting for the refund.

3. Airline Ticket Refund:

(a)The Airline Team shall undertake the responsibility of seeking a refund for tickets purchased, contingent upon the provision of all requisite supporting documentation. This documentation must include the ticket details, booking confirmation, and any other relevant information that the airline may require to process the refund request.

(b)In the event that the airline is unable to furnish a refund due to their policies or other reasons, the Airline Team will inform the customer of the airline's decision. The Client or an immediate family member of the Client (spouse, children, or parents) must then issue a letter that includes the customer’s name, booking details, and proof that the tickets were issued within the group inventory. This letter will serve as formal documentation of the airline's inability to provide a refund and will be necessary for any further claims or adjustments.

(c)Further, in the event that a refund is not possible, the Airline Team will work with the to explore alternative forms of compensation, such as credit vouchers or rescheduled bookings, depending on the airline's policies and availability.

4. Insurance:

Note: 

Thomas Cook is hereinafter referred to as the Company. The customer/traveller/pax/insured is hereinafter referred to as the Client

GENERAL CONDITIONS

The Company takes care in selecting all the ingredients in the Client’s travel/holiday; but because the Company only selects them and has no control in operating them, the Company cannot be responsible for any injury, death, loss or damage, which is caused by the act or default or negligence or omission of the management or employees of any hoteliers, airlines, shipping Company, transport/coach owner / transport/coach operator who are independent contractors. The Company may offer the Client various experiences, sports and other allied activities in an itinerary. Having chosen, accepted and paid for an itinerary in the Client’s own judgment and choice which may have its inherent risk, liabilities and consequences associated with the itinerary, the Client hereby releases and exempts the Company, its directors, agents, shareholders, officers and employees from all/any liability for personal injury, property damage, wrongful loss, death and causes of action of any kind caused in whole/in part, arising in connection of the services provided by an independent contractor/(s)its employees, representatives, agents, sub-contractors, servants and/or by virtue of the Client availing the activities on the travel/tour. The Company hereby expressly disclaims all/any claims arising in connection with the activities/ itinerary. It may be noted that the tour cost may or may not include the insurance premium and that the Client shall have to acquire the same at their cost.

HEALTH

It shall be the duty of the Client to inform the Company in case the Client has any pre-existing medical condition that may affect their ability to enjoy and pursue fully the Tour Arrangements and wherein the interest of the Group or any member thereof is prejudicially affected. Pace of certain tours might not be suitable to individuals. Hence, the Company recommends  that the Client chooses the tour as per their health conditions. The Company presumes that the Client and/or the Group or any member thereof have no disability or disease or such medical or health condition which could adversely impact his/her/their health on the tour, except which has been disclosed by the Client/Group/ any member to the Company in writing, at the time of Booking of the tour. Company reserves the right to ask the Client to provide written certification/ disclosure of medical fitness before departure. Subject to the disclosure made by the Client/Group/any member, the Company in its discretion may refuse to take on tour or accept any booking of the Client, if in its sole judgment the medical or health condition of the Client is not fit to undergo the tour. In the event that a medical or health condition has not been disclosed to the Company in writing, the Company will not be liable to provide any assistance or refunds.

INSURANCE

1.1 It is advisable for the Client to obtain a valid/suitable travel / health insurance before the commencement of their travel. The Client can choose to purchase the insurance cover directly from an insurance Company or from the insurance service provider offered by the Company. The choice of the insurance provider is at the sole discretion of the Client

1.2 The Company operates as a travel/holiday organiser only. The role of the Company is that of an agent of the Client to secure proper services for the tour from the independent contractors and service providers such as the airlines, shipping Company, hotels, Coach, insurance etc. The Company does not control or operate any airline, neither does it  own or control any shipping Company, coach or coach Company, hotel, transport, insurance or any other facility or service mentioned.

1.3 It is the duty of the Client to read the policy terms and conditions as mentioned in the policy copy and the policy wordings and should there be any queries, clarify this with the Company who in turn will liaise with the service provider to provide adequate replies. The Company cannot be held responsible for any issue arising from the Client not having read the policy terms and conditions, inclusions and exclusions

1.4 Exclusions and Limitations: It is important to note that certain situations may not be covered under the travel insurance policy. The Clients should familiarize themselves with these exclusions to avoid any misunderstandings or unmet expectations during emergencies.

1.5 Settlement of claims if any will be entirely at the discretion of the insurance Company. The Company will in no way be able to influence.

In the event a Client wishes to change the date of travel or transfer from one tour to another, prior to the departure of the originally booked tour then the originally booked tour shall be treated as cancelled by the Client, thereby attracting the cancellation charges as stated herein which shall be borne by the Client solely. Upon payment of the cancellation charges, the client shall have the option to make a fresh booking for another tour, subject to availability and any applicable terms and conditions. The Company reserves the right to adjust the cancellation charges based on the proximity of the requested change to the departure date and any additional costs incurred as a result of the change. Any changes or transfers requested by the client are subject to approval by the Company, and availability cannot be guaranteed. The Company shall not be liable for any losses or expenses incurred by the Client as a result of changes or cancellations made by the Client. The Client acknowledges that failure to adhere to these conditions may result in forfeiture of any payments made for the originally booked tour.

It is expressed and given to understand that a child below 12 years of age who is booked on the tour paying the special rate without a bed will not be provided with a bed in the hotel while on the tour under any circumstances. In case the Client makes any changes in their rooming while on the tour, the Company shall not make any refunds or pay any compensation to them. In case the Client decides to make any change in the rooming while on the tour subject to availability, then they shall be bound to pay an additional charge.

We are travel agents and holiday organizers only. The role of the company is that of an agent of the client to secure proper services for the tour from the independent contractors and service providers such as the airlines, shipping company, hotels, Coach etc. 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 service mentioned in this brochure. We take care in selecting all the ingredients in your holiday; but because we only select them and have no control in operating them, we cannot be responsible for any injury, death, loss or damage, which is caused by the act or default or omission of the management or employees of any hoteliers, airlines, shipping company, coach owner / coach operator who are the company’s independent contractors arising outside our normal selection process.

All services such as Airline seats / Hotel accommodation / ground transportation etc for group tours are pre blocked well in advance. We are liable to pay to all our suppliers / vendors and bear the overhead costs involved in rendering services to you. If You or any member of your group elect to cancel your booking for any reason, You must intimate the Company in writing on working days within office time. If the Booking Form has been signed / accepted by OTP by one or -more persons for themselves and for others mentioned in the form, communication signed by such signatories would be treated as valid communication for cancellation for all such persons mentioned in the form. The computation of the period of notice of cancellation shall commence only from the time the written request reaches the Company at your booking office on working days within office time. Cancellations are subject to fees and/or forfeiture which vary by your date of booking, your date of cancellation, and by package.  You shall be bound by the cancellation charges which shall apply when the cancellation happens on your own accord or due to any circumstances. If circumstances make you cancel the Tour, the cancellation must be intimated to us in writing.

Booking amount will be applicable for cancellations of files on undecided departure date. The cancellation term shall be applicable for passengers traveling to AUSTRALIA/NEW ZEALAND, ASIA, AFRICA, AMERICA & EUROPE. In the event, You have opted for the Thomas Cook Trip Protection, your Cancellation Charges shall be calculated and determined by the Company in accordance with the Thomas Cook Trip Protection. The Terms & Conditions of Thomas Cook Trip Protection will apply.

The Company reserves the right to cancel or reschedule any Tour prior to the departure, due to insufficient demand, unsafe conditions, events beyond our control, or any other reason. In such an event, we will offer alternate dates of travel or fully refund forthwith in Indian Rupees currency only the amount paid by the Client, but no compensation shall be payable by the Company. The Company shall not be responsible and/or liable for any incidental expenses or consequential losses that You incur as a result of a cancelled booking, including but not limited to loss of earnings, loss of enjoyment, or the cost of any connecting flights, accommodations, airport transportation, visas, document fees, vaccinations, or other services you may purchase that are dependent upon the operation of your trip. In addition to the cancellation fee, any non-refundable deposits or fees paid to third-party suppliers shall also be borne by the client.

In case of cruises, 100% of the cruise cost paid will be forfeited in case of any cancellations, irrespective of time of cancellation. The Company shall not be responsible and/or liable for any additional cost or any fees relating to the issuance and / or cancellation of air tickets or other arrangements not done through the Company. The Company reserves the right to forfeit the booking deposit in case of any cancellations. Passengers whose visas are not granted by the consulates must intimate us in advance i.e. before the date of commencement/departure of the tour and the Cancellation charges in such a situation will be calculated as per the cancellation policy, basis the date of receipt of written communication from the Passenger intimating us about the rejection of the visa, which shall be the determining factor to apply the relevant.

Cancellation charges slab pertaining to number of days prior to departure and accordingly Cancellation Charges shall be determined and levied.

It is clarified that all the Cancellations are non-transferable and cannot be applied towards future bookings or tours.

The Company reserves the right to modify the cancellation policy at any time, with or without prior notice, at its sole discretion.

In cases where the travel agent through whom the Clients have booked the tour signs the Booking Form/ acceptance of OTP  for and on behalf of the persons named in the Booking Form, it shall be deemed and construed that the Clients have duly authorized the said travel agent to sign on their behalf. The signing of the Booking Form by the Client or by their travel agent shall mean acceptance in totality of the Terms and Conditions contained herein by the Client/s. No person including the Employee/s and the Agent/s of the Company other than the Company, in writing, has the authority to vary, add, amend, alter or waive any stipulation, representation, term or condition set forth herein. Any assurance given by any person shall have no consequence. The Company reserves the right to decline to register any person/s as Client/s for any Tour or to cancel their registration without assigning any reason.

All the clients traveling on a Thomas Cook Holiday tour shall be in possession of a valid visa. Client shall ensure that the Visa Application Form (s) is duly filled and verified by the Client, to its satisfaction, before it is submitted to the Embassy / Consulate. The Client is solely responsible for completing the visa application process independently and sufficiently in advance of the travel dates. However; Consulates depending on their rules & regulations send visa & passports directly to guest's residences or to the Company. In both cases, the Client shall check the correctness of the visa (Paper visa, sticker visa, e-visa, etc.) for personal & other details such as name, validity, correct photographs, signature of the authorized person etc. The Company shall not be responsible if the immigration office does not allow the Client to leave or enter the country.

The company will not be responsible for non-issuance of visa due to receipt of incomplete / delayed documents from the Clients. It is a possibility that the consulate may ask the passengers to appear for a personal interview. This is at the sole discretion of the Consulate / Authorities. If the required documents are not submitted by the client, the issuance of visa will further be delayed / rejected, and the client will not hold Thomas Cook liable for the same. Client should adhere to all the norms and conditions laid by the consulate / embassy Upon rejection of visa, if the client wishes to reapply for the visa, he / she is liable to pay again the requisite fee to the consulate and he / she will not claim from Thomas Cook.