Terms and Conditions

Welcome to Embrace Holidays! We're delighted that you look forward to plan your next trip with us. Kindly ensure you have a clear understanding of the terms and conditions that apply to our products and  services before you go ahead with planning your trip. These terms are designed to make you aware of the formalities, rules and regulations pertaining to the trip, third party regulations, eligibility, cancellation policies etc. in order to make your journey well-informed, safe and enjoyable. By booking with Embrace Holidays, you agree to these terms and conditions. Please take a moment to read them carefully.

a. "You/Client/Customer/guest/tour participant” means and includes the Passenger & on whose behalf the Booking is made and / or the person making the Booking.

b. “We”/”Us”/”Company” means Embrace Holidays.

c. “Third party providers/ third party vendors /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.

SCOPE OF ACTIVITY:

Embrace Holidays is a travel and holiday organizer. We do not own/control/operate any Airline, Cruise lines, Railways, Cabs rental, Hotel or any other independent contractor or service provider in relation with services mentioned in any of our online of offline communication platforms or materials. Though we select all the ingredients, independent contractors, service providers for your holiday with due care we cannot assume responsibility for delay, deficiency or default if any of the services of such independent contractors, service providers, their management or staff leading to any injury/ death/ loss/ damage to property or any such eventuality which do not fall within the scope of our normal selection and inspection process whilst engaging them. We are also not responsible for delay or deficiency in services of all independent contractors/ service providers that may be borne out of any act or actions of co-traveler, co- participant which may result in tour participant not availing some or all services on the tour as per any of our materials.

ADVERTISEMENTS, WEBSITE, BROCHURES, AND ITINERARIES:

All information given in our various communication materials like advertisements, website, brochures, and itineraries is based on the information available at the time of publication of such material. Embrace Holidays reserve the right to change /remove or alter any ad/ brochure / itinerary information before or after your booking of the tour. The Client acknowledges that the details provided in the ads / website / brochure/ itinerary, are for indicative purposes only. The Client understands that actual tour experiences may vary from the descriptions provided in promotional materials. We take reasonable care in preparing the itinerary, quotation, brochure, price grid, web pages and other documents and in describing the services therein. However, we are not liable for any typographical / printing errors. Furthermore, brochures may be printed several months in advance and the content may not always be fully updated. Similarly web pages are updated periodically only. Any communication material provided by the Company is valid for a specific period of time therefore the Customer is to always check with the Company the validity of the brochure before counting on its content. The destination images / photos of meals / sightseeing / properties are for reference only and may differ from the actual meals / sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes.

The prices quoted in the brochure / advertisements / social media posts / web pages etc. have been calculated at the rate prevailing at the time of creating them. 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. 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.

Embrace Holidays reserves the right to modify or alter the itinerary before or during the tour due to unforeseen circumstances such as flight delays, flight cancellations, flight rerouting, vehicle breakdown, late arrival or departure at hotels, show or sightseeing holidays or cancellations, medical emergencies of any of the passengers et al.  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, enjoyment and smooth conduct of the tour.

In case we came to know of any changes sufficiently in advance, we will notify you at the time of booking or prior to travel, in case of the changes happening during or immediately before departure, our representative, tour manager or local representative will inform you of the changes. Major road works, festival processions, fairs, exhibitions, land slides, local social unrest, or sudden climatic changes 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.

In case of festivals, 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, towns other than offered in the itinerary. We may often operate more than one coach per departure date and more than one group per departure or club 2 groups in one departure due to operational reasons. For the comfort and convenience of our clients, we will sometimes reverse the  right to deviate the direction, or slightly amend the itinerary including the flight routing. We will advise you of these amendments, prior to the start of the tour or on tour.

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. We reserve the right to change the departure date or cancel a departure due to lack of enough number of passengers and shall not  be responsible and/or liable for any ticket/s of the Client and/or any member of the group which they may have purchased in advance for sector within India or abroad.

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 for the same. The Company shall not accept any liability or responsibility for any damages, loss, missing food or accommodation, baggage loss, sickness, injury, accident, death, breakdown, or irregularity, which may occur during or before carrying out the tour, 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, rerouting, or changes in schedules of train, aeroplane, bus, ship, number of nights at the destination and hotels before or after any client 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 it deemed necessary. These terms shall be read together with the advertisement / brochure / itinerary but these terms shall prevail over the advertisement / brochure / itinerary and shall override the advertisement / brochure / itinerary to the extent that it is contradictory or conflicting thereto.

PAYMENTS:

All payments towards the cost of the tour shall be made by the client to Embrace Holidays in accordance with the procedure and time frame mentioned in the itinerary or quotation. On confirmation of the trip, a booking advance is to be paid. Such advance shall hold the booking on confirmation and is non-refundable subject to the cancellation policy as mentioned hereinafter. The balance amount shall be paid as per the amounts and the percentages as detailed in the itinerary or quotation. In case of noncompliance thereto by the Client, Embrace Holidays reserves the 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.

Total tour cost should be paid within 30 days before the departure, due date mentioned in the itinerary or date communicated by our representative, quotation or invoice, whichever is earlier. Interest at the rate of 12% p.a. on daily basis will be charged in case of a delayed payment. Embrace Holidays reserves the right to modify/ alter/change or make variations in the cost of a trip before scheduled departure.  In such a situation client is bound to make the renewed rate in full.  The tour costs are exclusive of all prevailing taxes unless otherwise mentioned. By booking a service or product or buying them,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 with other services and products of Embrace Holidays or with any other similar providers. Further, the clients acknowledge and accept that the cost of the tour is at the time of publication are subject to change.

Payments made in the Indian National Rupee towards the foreign exchange component of Your tour shall be calculated as per the 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 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.

We urge our Clients to ensure that all payment/(s) are made to our Embrace Holiday’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 Embrace Holidays hereby expressly disclaims any responsibility and/or liability arising thereto.

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 billing errors, Embrace Holidays 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 actions in respect of the dishonoured cheques.

From 1st April 2020 onwards TCS (Tax Collected at Source) will be collected from customers for any full or partial payments, the amount is not included in our package and it will be refunded by GOVT of India

TCS 5% for pan holders

TCS 10% for non-pan holders

TCS 20% for pan holders above 7lakhs `

TCS 40 % for non-pan holders Above 7 Lakhs

TRAVEL DOCUMENTS:

Clients are entitled to  provide all the documents like passport, PAN card, aadhaar card etc. in original or in copy as requested by the company to felicitate the requirements of the tour like, airline ticket booking, visa etc. Visa granting is the sole discretion of the concerned Embassy or Consulate. Visa fees and other expenses like advance for hotel booking, insurance and ticket charges are not refundable if the visa got rejected or delayed. In case the candidates are called for personal interview, the candidates are required to attend the same before the concerned consulate at their own cost.

All Tour Participants should hold valid travel documents viz. Passport and visas for travel. It will be the Tour Participant’s responsibility to apply for visa with complete set of documents required by the embassy/consulate within the stipulated period as advised by the Company. In the event the visa application made by Tour Participant or by the Company on his/her behalf is rejected by the consulate due to either inadequate supporting documents or for whatever reason or where the visa could not be processed due to late submission of application by the Tour Participant the Company shall not be liable for the eventuality and lead to forfeiture of booking amount paid and no claim whatsoever shall be entertained for the same. All cost, charges in respect of the said visa application shall be borne by the Tour Participant. Visa fees are non-refundable under any circumstances whatsoever.

Many countries require at least 6 months validity from the date of return. The Customer must ensure and verify with the relevant authorities that he has valid passports, visas, re-entry permits and vaccination certificates, which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be Customer’s sole responsibility. The Company shall not be liable for any inconvenience, expense, loss or damage of any kind if incurred by the Customer by reason of failure to obtain or produce, or by the loss of, such documents.

The Company’s staff are available to give information regarding visas, passports and other travel document requirements for international trips (“Travel Requirements”) to the best of their knowledge and the Company can assist the Customer to obtain visas (surcharge fee will apply). The Customer acknowledges that the rules and regulations of any country may change from time to time and the Company is not responsible for any information it gives regarding Travel Requirement. Travel documents cannot be transferred to any other person. All airline tickets must be issued in the name of the passport/Aadhaar/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. It is responsibility of the Customer to review his/her travel documentation carefully and advise the Company immediately in case of any errors in names, dates or timings. It is the responsibility of the Customer to collect all travel documents from the Company prior to travel. The Customer shall contact his/her Travel Advisor/company representative at Embrace Holidays to confirm when the travel documents are ready for collection.

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

 CANCELLATIONS:

We urge our clients to bear in mind that all services such as Airline seats / Hotel accommodation / ground transportation etc for group and flexible number 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 family/team/group elect to cancel your booking for any reason, You must intimate Embrace Holidays in writing / email / whatsapp.  The computation of the period of notice of cancellation shall commence only from the time the request reaches the Company 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. Cancellation charges will be applicable for all cancellations as per the rates mentioned hereinafter.

Booking charges will be applicable for cancellations of trips with undecided departure dates. Embrace Holidays 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 full or part refund considering the situation case to case. No compensation shall be payable by embrace Holidays in such situations.

The Company shall not be responsible and/or liable for any incidental expenses or consequential losses that You incur as a result of a canceled booking by the client or Embrace Holidays, 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.

The company reserves the right to modify / 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. 

Period of Cancellation 

Cancellation Charges

Booking Advance

100% of the booking advance.

(If not otherwise mentioned, the first payment shall be considered as Booking advance, exclusive of air, land and water travel tickets.) 

46 days and above before departure

25% of the total tour cost or booking advance whichever is higher..

45-21 days

50% of the total tour cost or booking advance whichever is higher..

20 -15 days

75% of the total tour cost or booking advance whichever is higher..

14 -0 days before departure

100% of the total tour cost.

Air tickets - If taken separately exclusive of package cost

As per Airline policy / 100% non-refundable within 30 days.

Train /Bus / Ferry / Cruise tickets

As per the policy of the concerned provider.

Visa

Non-refundable.

Insurance

Non-refundable.

The above mentioned cancellation policy is applicable on total tour cost. GST & TCS to be paid additional over and above the cancellation charges as per the above. This 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.  Booking advance will not be refunded under any circumstances. The above mentioned cancellation policy is applicable on total tour cost. In case of a part payment, whatever the amount paid at the time of cancellation will be considered as the total tour cost. It has been clarified that the cancellations are non-transferable and cannot be applied towards future bookings. Embrace Holidays reserves the right to modify the cancellation policy at any time, with or without prior notice, at its sole discretion.

The Company reserves the right at any time and/or for any reason whatsoever to a) Terminate the contract after acceptance of booking amount but prior to the commencement of tour. In the event, the Company terminates the contract; it may refund the booking amount to the Tour Participant without payment of any interest thereon after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers and the like b) Amend, alter, vary or withdraw any tour, holiday, excursion or facility 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 towards any consequential damage, loss or extra cost suffered by the Tour Participant or to pay any compensation to Tour Participant.

COMPLAINTS:

If the client has any complaint in respect of services of any third party provider or independent contractor, they shall immediately notify the same in writing to the third party provider or independent contractor and hand over copy thereof to the tour manager or Embrace Holidays representative in order to enable the company to take up the matter with the independent contractor. Any claim or complaint by the tour participant must be notified to the company in writing within 28 calendar days of the end of the tour. No complaint or claim notified after this period will be entertained. However, Embrace Holidays does not incur any liability in connection with resolving the complaints by the third party provider or independent contractor.

REFUNDS

The Company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Tour due to Force Majeure or Vis Majeure. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators and the like. and the decision of the Company on the quantum of refund shall be final and binding on the Tour Participants.

In case the Company exercises its discretion to alter, amend or cancel any tour advertised in the Brochure/Website and the Tour Participant who has registered for such tour exercising the option to continue with the tour as altered or amended, or to accept any alternate tour which the Company may offer, the Company shall not be liable for any compensation, damage, additional expense or consequential loss suffered by him/her or to pay any amount as refund to the Tour Participant.

Even in case of a Tour for which the payment was made in Foreign Currency if any, with or without part payment in Indian Rupees the said refund shall be made only in Indian Rupees at prevailing rate on date of refund as per existing Rules and Regulations. Those Tour Participants not travelling with the group throughout the Tour shall under no circumstances be entitled to any refund.

Refund (if any) for amendments and/or cancellation will be paid/ transferred directly  to Tour Participant’s bank account by the company. It would take 45 - 60 days to process refund and 60 to 90 days if tickets are already issued.

There shall be no refund if the Tour Participant fails to join the Group at the commencement of the Tour, or joins the Group late or leaves the Group before culmination of the Tour. If the Tour Participant along with his family is compelled to discontinue the tour due to any reason such as illness, death, loss of passport, no claim shall be entertained for refund of unutilized services.

There shall be no refund if the Tour Participants does not or cannot utilize any service included in cost of tour like meals, rooms, excursions and the like nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.

DEVIATIONS

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 / Email. 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.

MEALS AND SPECIAL REQUESTS:

The menus are pre-set menus provided for meals on the tour. The types of meals may or may not indicate in the itinerary / brochure. Unlike an airline, we cannot provide a special meal, nor do we guarantee a special diet to the Client, except to the extent provided by the hotel / restaurant.

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 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 45 days prior to the final payment, 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.

CHILD ACCOMMODATION (UNDER 12 YRS)

If not otherwise mentioned in the itinerary, a passenger who not completed 12 years is considered as child, 0-2 years is considered as infant, and above 12 years as an adult. It is expressly stated and it be understood that any child below 12 years paying the special ‘without bed’ rate will not be provided bed in the hotel under any circumstance. In case the Tour Participant on his own makes a change in rooming while on tour the Company will not be bound to refund or pay compensation towards such change/s. If any such change in rooming by the Tour Participant attracts additional charge he/she shall be bound to directly pay the same directly to the hotel concerned.

HOTELS:

We have taken care to select and/or book the Hotels which are convenient and comfortable subject to the availability and proximity to the places of visit. In Europe, hill stations, and destinations of high altitude regions, most of the hotels may not have air conditioners / fans. Some hotels may not keep buckets or mugs in the bathroom. In case of any improvements with hotel services, guest/s are requested to inform reception. Hotel accommodation is generally provided on single/ double or twin rooms and rates also will be different. If a person booked a tour on twin sharing basis must share the room with another passenger either on a twin-sharing or triple-sharing basis. If we do not have another passenger to share the rooms, the supplement charge will be levied. Only 1 extra bed is allowed in a room and the third bed is often a roll-away mattress put in a twin-bedded room.  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 similar category. The Client should review hotel ratings and reviews provided by third-party sources to ensure that the hotels meet their expectations. Facilities like mini bar, non-complimentary snacks, laundry, internet, paid television channels, telephone etc., are excluded from the tour cost and same shall be directly paid by the Client to the Hotel.

All baggage and personal objects 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, electricity and other amenities while staying at the Hotels. The Company shall not be 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.

The check-in and checkout time varies according to the policies of the hotels. 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 solely paid by the Client to the Hotel and Embrace Holidays shall not be liable for any compensation.

Single Accommodation: In case you book on a single occupancy basis, you will have to pay a single room supplement unless another tour participant is willing to share your room. You shall also be liable to pay the single room supplement if earlier having booked on a shared room basis, you later have to take the room on single occupancy basis since your intended room partner has either dropped out of the tour for any reason or since you and / or your room partner are no longer willing to share a room. Note that the single room supplement will be charged in all cases where a booking on a shared room basis has to be changed to single room basis including the following: (i) Intended room partner was arranged by you. (ii) Intended room partner was arranged by us for you. (iii) No room partner was found available for you.

Double (Twin) Accommodation: A double room has either a single queen-size bed or two separate beds. If you request for a room with a queen-size bed, the same would be provided subject to availability as most of the hotel rooms in Europe & Far East are twin-bedded. In case of non-availability of a room with a queen-size bed, a twin bedded room would be given.

Triple Accommodation: We recommend a maximum of only three persons in one room. Triple rooms are usually no larger than twin rooms and the third bed is often a rollaway bed or cot placed in a twin room. The triple room will be subjective to availability.

Accommodation for children: 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.

AIRLINE

In computerized reservation system of Airlines seats once reserved cannot be changed. Tour participants will have to travel by the same seat provided by Airline. The client is requested to collect Air tickets, Visas, and other travel documents from Embrace Holidays, only after making the full payment. No tickets will be send by courier. The Company shall not be liable to the Client 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.

COACH / SITTING

We use air-conditioned/air-cool 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. We have found it fair to operate daily seat rotation on board our coach, so generally no seat numbers are allocated.  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 objects 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.

LOSS / DAMAGE

Embrace Holidays 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 shall not accept any liability or responsibility for any damages, loss, injury, accident, death, natural calamity, delay, breakdown or irregularity that may occur in carrying out the tour. Moreover, management reserves the right to claim any additional expenses due to delay or changes in train, plane, bus, ship or other services, weather conditions, strikes, war, quarantine, and any other cause, whatsoever, and all such losses or expenses must be borne by the passengers.

FORCE MAJEURE

The Company shall not be responsible and/or liable for any damages caused to a client 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.

AMENDMENTS

In the event of Company exercising its right to amend/alter any tour/holiday advertised in brochure/Website subsequent to booking of the same by the Tour Participant, such Tour Participant shall have the option either to a) Continue with the tour or holiday as amended or altered or b) Accept any alternate tour or holiday which the Company may offer. In either case Company will not be liable to refund or compensate the Tour Participant for any consequential loss, damage or additional cost. In the event that the Company is unable to conduct a particular tour for whatever reason and the Tour Participant is not exercising any of the above two options then it shall at its own discretion refund whatever amount collected towards the total cost of the tour without any interest after deducting actual expenses incurred on the services like visa charges, travel insurance, retention charges of the overseas suppliers and the like. The Tour Participant will not be entitled to raise any grievance in respect of the same.

RESCHEDULE / DATE CHANGE FOR A TOUR

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.

MINIMUM PARTICIPATION

Tours specified in the Brochure/Website are subject to minimum participation of paying Participants. If the participation is below the minimum prescribed, the Company reserves the right to amend, amalgamate, alter, vary, or cancel a Tour without incurring any liability to pay any compensation. If Company decides to operate the tour with participation below the minimum stipulated the Company reserves the right to collect additional pro-rata amount.

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:

Even though Embrace Holidays offer basic level travel insurance to some trips, 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. 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. Settlement of claims if any will be entirely at the discretion of the insurance Company. Client has to make the claim and do the procedures from their end. The Company will in no way be able to initiate, influence or interfere in policies provided by Embrace Holidays as part of the trip.

TAX COLLECTED AT SOURCE:

Finance Act 2020 has inserted a new sub-section (1G) in TCS (Tax Collected at Source) under Section 206C of the Income Tax Act, 1961 to collect tax out of foreign remittance transactions under Liberalized Remittance Scheme (LRS) as well as amount received from buyer by a seller for sale of an of an ‘Overseas Tour Program Package’ w.e.f. October 1, 2020, as per RBI guidelines an additional 5% TCS on invoice value is applicable for those passengers having PAN (Permanent Account Number), or 10% TCS is applicable for those passengers does not have a PAN. Declaration specifying the amount utilised on Overseas tour program package by each payer needs to be furnished as per the format provided.  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, 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 7 lakhs is utilised during the current year, then TCS as applicable will be levied on standalone services.

GENERAL CONDITIONS:

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 our communication materials. 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.

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, by making a booking advance exempts Embrace Holidays, 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.

There is no contract between the Company and the Tour Participant until the Company has received the specified non-refundable interest free booking amount. The full payment must be received in accordance with the procedure laid down in the quotation/brochure/website. If not paid in accordance with the payment schedule the company reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned above. Any payment made to the tour participant’s group leader/ travel association/club would not constitute payment to the company until the same is remitted to the account of the company.

TRAVEL CONDITIONS:

The Client will have to strictly follow the tour program and return  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. Even if a client is unable to reach the place of commencement of the tour or commence to 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.

Further be noted that, 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.

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.

The Company, reserves the right to drop / remove / discard from tour anyone whose behaviour 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 / service providers / vendors selected by the company.

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.

Guest/s travelling aborad shall take care of not losing passport. Loss of passport on tour involves costs and consequences such as filing FIR, Visiting Indian Embassy, getting new passport or landing certificate, expenses on the stay, food, transportation etc., all of which have to be borne and paid by the concerned guest/s only. Getting the landing certificate or the new passport is the sole responsibility of guest/s. Tour leader is not responsible or liable or under obligation, for the loss of passport and consequences thereof.

Entry tickets are strictly subject to availability at the time of the tour.

Company generally assists in documentation and submission of application for visa by forwarding them to the respective embassies and consulates on the dates as pre-defined by the concerned authority. The visa fees charged to the guest/s shall be at the rates prevailing as on the date of submission of documents to the Embassy or consulate.

Embrace Holidays shall not be responsible for any errors in the date of visa granted or delay in granting visa. Generally consulate do not give any reason for not granting visa and / or with refusal stamp on passport. Embrace Holidays therefore shall not provide any reason why a person is not granted a visa. Rejection for visa for any reason is sole discretion of concerned embassy / visa facilitate centre over which Embrace Holidays has no control & Embrace Holidays is not responsible for the same.

Airlines are solely responsible for overbooking of seats, failure to provide meal as required by the guest/s, quality of meal, loss of baggage, allotment of seats for group booking etc.

Travellers are responsible for their health and safety during the trip. Some activities may involve inherent risk of personal harm, for example, rafting, canoeing, mountain biking, hourseback riding etc., and Embrace Holidays will not be responsible for unforeseen accidents and injury and death. Embrace Holidays will exercise reasonable care and deligence in making travel arrangements, however, the company shall not be responsible for any loss, damage, injury or death.

We always recommend obtaining appropriate travel insurance as your responsibility to cover medical expenses, trip cancellations, and other unforeseen events. As part of our special offers, Embrace Holidays provide travel insurance for selected tour packages, but the company will not be responsible for any delay, denial of an insurance claim by the insurance company. It is the sole responsibility of the traveller to approach the insurance company and proceed with the formalities during an unfortunate event. The company will not be, in any case, obligated for the procedures. 

We cannot endow with individual aid to any of the client / traveller 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/traveller will be joining the tour on his own risk and consequences. 

The Tour Documents viz. hotel vouchers, tour itinerary, air tickets etc. will be sent through electronic mode by way of email or Whatsapp addressed to the registered email id or mobile number of the Client. 

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. 

In case 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 distancing, frequent hand washing, always masked throughout the tour. You will be responsible for any consequences arising out of non-adherence of the protocols.

INFORMATION DISCLOSURE:

 Client hereby expressly consents and authorizes the Company to share his/her  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 Airline tickets, Visa, travel permits, SIM cards / travel insurance. The Client confirms that with regard to the booking, the address of the Client 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. 

COMMUNICATION

Any communication directed at the address or made through / on the contact details such as e-mail id, cell phone/telephone no. / fax no. /Whatsapp no. of the Client as disclosed 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 in this regard. 

LIABILITY

Embrace Holidays shall under no circumstances whatsoever be liable to the Tour Participant for: 1) Personal injury, sickness, accident, loss, death, delay, discomfort, increased expense, consequential loss and/or damage on account of theft howsoever caused. 2) Temporary or permanent loss/damage to baggage/personal effects howsoever caused. In this condition the expression “howsoever caused” includes willful negligence on the part of any person. 3) Loss of baggage by the Airline/Cruise line/Surface transportation. 4) Failure on the part of airline to accommodate Tour Participant/s despite having confirmed tickets. 5) Airline not allowing Tour Participant to board the flight for reasons beyond the control of the Company. 6) Damage or loss caused due to reasons beyond the control of the Company (Force Majeure Vis Majeure). 7) Refusal to grant Visa by the consulate / embassy. No liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the same and shall in no case include any consequential loss or additional expense whatsoever.

 PRIVACY OF INFORMATION:

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.

JURISDICTION:

For all claims, disputes of whatsoever nature relating to the tours marketed / coordinated by Embrace Holidays the courts, forums and tribunals in Kozhikode alone shall have exclusive jurisdiction.

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.

The client agrees to have read and understood all the terms and conditions as mentioned hereinabove and all his / her queries have been answered by the Company representative to his / her satisfaction and accordingly he / she voluntarily agreed, accepted and consented to abide by these terms and conditions.


Terms and Conditions

Welcome to Embrace Holidays! We're delighted that you look forward to plan your next trip with us. Kindly ensure you have a clear understanding of the terms and conditions that apply to our products and  services before you go ahead with planning your trip. These terms are designed to make you aware of the formalities, rules and regulations pertaining to the trip, third party regulations, eligibility, cancellation policies etc. in order to make your journey well-informed, safe and enjoyable. By booking with Embrace Holidays, you agree to these terms and conditions. Please take a moment to read them carefully.

a. "You/Client/Customer/guest/tour participant” means and includes the Passenger & on whose behalf the Booking is made and / or the person making the Booking.

b. “We”/”Us”/”Company” means Embrace Holidays.

c. “Third party providers/ third party vendors /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.

SCOPE OF ACTIVITY:

Embrace Holidays is a travel and holiday organizer. We do not own/control/operate any Airline, Cruise lines, Railways, Cabs rental, Hotel or any other independent contractor or service provider in relation with services mentioned in any of our online of offline communication platforms or materials. Though we select all the ingredients, independent contractors, service providers for your holiday with due care we cannot assume responsibility for delay, deficiency or default if any of the services of such independent contractors, service providers, their management or staff leading to any injury/ death/ loss/ damage to property or any such eventuality which do not fall within the scope of our normal selection and inspection process whilst engaging them. We are also not responsible for delay or deficiency in services of all independent contractors/ service providers that may be borne out of any act or actions of co-traveler, co- participant which may result in tour participant not availing some or all services on the tour as per any of our materials.

ADVERTISEMENTS, WEBSITE, BROCHURES, AND ITINERARIES:

All information given in our various communication materials like advertisements, website, brochures, and itineraries is based on the information available at the time of publication of such material. Embrace Holidays reserve the right to change /remove or alter any ad/ brochure / itinerary information before or after your booking of the tour. The Client acknowledges that the details provided in the ads / website / brochure/ itinerary, are for indicative purposes only. The Client understands that actual tour experiences may vary from the descriptions provided in promotional materials. We take reasonable care in preparing the itinerary, quotation, brochure, price grid, web pages and other documents and in describing the services therein. However, we are not liable for any typographical / printing errors. Furthermore, brochures may be printed several months in advance and the content may not always be fully updated. Similarly web pages are updated periodically only. Any communication material provided by the Company is valid for a specific period of time therefore the Customer is to always check with the Company the validity of the brochure before counting on its content. The destination images / photos of meals / sightseeing / properties are for reference only and may differ from the actual meals / sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes.

The prices quoted in the brochure / advertisements / social media posts / web pages etc. have been calculated at the rate prevailing at the time of creating them. 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. 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.

Embrace Holidays reserves the right to modify or alter the itinerary before or during the tour due to unforeseen circumstances such as flight delays, flight cancellations, flight rerouting, vehicle breakdown, late arrival or departure at hotels, show or sightseeing holidays or cancellations, medical emergencies of any of the passengers et al.  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, enjoyment and smooth conduct of the tour.

In case we came to know of any changes sufficiently in advance, we will notify you at the time of booking or prior to travel, in case of the changes happening during or immediately before departure, our representative, tour manager or local representative will inform you of the changes. Major road works, festival processions, fairs, exhibitions, land slides, local social unrest, or sudden climatic changes 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.

In case of festivals, 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, towns other than offered in the itinerary. We may often operate more than one coach per departure date and more than one group per departure or club 2 groups in one departure due to operational reasons. For the comfort and convenience of our clients, we will sometimes reverse the  right to deviate the direction, or slightly amend the itinerary including the flight routing. We will advise you of these amendments, prior to the start of the tour or on tour.

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. We reserve the right to change the departure date or cancel a departure due to lack of enough number of passengers and shall not  be responsible and/or liable for any ticket/s of the Client and/or any member of the group which they may have purchased in advance for sector within India or abroad.

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 for the same. The Company shall not accept any liability or responsibility for any damages, loss, missing food or accommodation, baggage loss, sickness, injury, accident, death, breakdown, or irregularity, which may occur during or before carrying out the tour, 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, rerouting, or changes in schedules of train, aeroplane, bus, ship, number of nights at the destination and hotels before or after any client 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 it deemed necessary. These terms shall be read together with the advertisement / brochure / itinerary but these terms shall prevail over the advertisement / brochure / itinerary and shall override the advertisement / brochure / itinerary to the extent that it is contradictory or conflicting thereto.

PAYMENTS:

All payments towards the cost of the tour shall be made by the client to Embrace Holidays in accordance with the procedure and time frame mentioned in the itinerary or quotation. On confirmation of the trip, a booking advance is to be paid. Such advance shall hold the booking on confirmation and is non-refundable subject to the cancellation policy as mentioned hereinafter. The balance amount shall be paid as per the amounts and the percentages as detailed in the itinerary or quotation. In case of noncompliance thereto by the Client, Embrace Holidays reserves the 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.

Total tour cost should be paid within 30 days before the departure, due date mentioned in the itinerary or date communicated by our representative, quotation or invoice, whichever is earlier. Interest at the rate of 12% p.a. on daily basis will be charged in case of a delayed payment. Embrace Holidays reserves the right to modify/ alter/change or make variations in the cost of a trip before scheduled departure.  In such a situation client is bound to make the renewed rate in full.  The tour costs are exclusive of all prevailing taxes unless otherwise mentioned. By booking a service or product or buying them,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 with other services and products of Embrace Holidays or with any other similar providers. Further, the clients acknowledge and accept that the cost of the tour is at the time of publication are subject to change.

Payments made in the Indian National Rupee towards the foreign exchange component of Your tour shall be calculated as per the 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 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.

We urge our Clients to ensure that all payment/(s) are made to our Embrace Holiday’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 Embrace Holidays hereby expressly disclaims any responsibility and/or liability arising thereto.

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 billing errors, Embrace Holidays 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 actions in respect of the dishonoured cheques.

From 1st April 2020 onwards TCS (Tax Collected at Source) will be collected from customers for any full or partial payments, the amount is not included in our package and it will be refunded by GOVT of India

TCS 5% for pan holders

TCS 10% for non-pan holders

TCS 20% for pan holders above 7lakhs `

TCS 40 % for non-pan holders Above 7 Lakhs

TRAVEL DOCUMENTS:

Clients are entitled to  provide all the documents like passport, PAN card, aadhaar card etc. in original or in copy as requested by the company to felicitate the requirements of the tour like, airline ticket booking, visa etc. Visa granting is the sole discretion of the concerned Embassy or Consulate. Visa fees and other expenses like advance for hotel booking, insurance and ticket charges are not refundable if the visa got rejected or delayed. In case the candidates are called for personal interview, the candidates are required to attend the same before the concerned consulate at their own cost.

All Tour Participants should hold valid travel documents viz. Passport and visas for travel. It will be the Tour Participant’s responsibility to apply for visa with complete set of documents required by the embassy/consulate within the stipulated period as advised by the Company. In the event the visa application made by Tour Participant or by the Company on his/her behalf is rejected by the consulate due to either inadequate supporting documents or for whatever reason or where the visa could not be processed due to late submission of application by the Tour Participant the Company shall not be liable for the eventuality and lead to forfeiture of booking amount paid and no claim whatsoever shall be entertained for the same. All cost, charges in respect of the said visa application shall be borne by the Tour Participant. Visa fees are non-refundable under any circumstances whatsoever.

Many countries require at least 6 months validity from the date of return. The Customer must ensure and verify with the relevant authorities that he has valid passports, visas, re-entry permits and vaccination certificates, which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be Customer’s sole responsibility. The Company shall not be liable for any inconvenience, expense, loss or damage of any kind if incurred by the Customer by reason of failure to obtain or produce, or by the loss of, such documents.

The Company’s staff are available to give information regarding visas, passports and other travel document requirements for international trips (“Travel Requirements”) to the best of their knowledge and the Company can assist the Customer to obtain visas (surcharge fee will apply). The Customer acknowledges that the rules and regulations of any country may change from time to time and the Company is not responsible for any information it gives regarding Travel Requirement. Travel documents cannot be transferred to any other person. All airline tickets must be issued in the name of the passport/Aadhaar/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. It is responsibility of the Customer to review his/her travel documentation carefully and advise the Company immediately in case of any errors in names, dates or timings. It is the responsibility of the Customer to collect all travel documents from the Company prior to travel. The Customer shall contact his/her Travel Advisor/company representative at Embrace Holidays to confirm when the travel documents are ready for collection.

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

 CANCELLATIONS:

We urge our clients to bear in mind that all services such as Airline seats / Hotel accommodation / ground transportation etc for group and flexible number 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 family/team/group elect to cancel your booking for any reason, You must intimate Embrace Holidays in writing / email / whatsapp.  The computation of the period of notice of cancellation shall commence only from the time the request reaches the Company 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. Cancellation charges will be applicable for all cancellations as per the rates mentioned hereinafter.

Booking charges will be applicable for cancellations of trips with undecided departure dates. Embrace Holidays 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 full or part refund considering the situation case to case. No compensation shall be payable by embrace Holidays in such situations.

The Company shall not be responsible and/or liable for any incidental expenses or consequential losses that You incur as a result of a canceled booking by the client or Embrace Holidays, 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.

The company reserves the right to modify / 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. 

Period of Cancellation 

Cancellation Charges

Booking Advance

100% of the booking advance.

(If not otherwise mentioned, the first payment shall be considered as Booking advance, exclusive of air, land and water travel tickets.) 

46 days and above before departure

25% of the total tour cost or booking advance whichever is higher..

45-21 days

50% of the total tour cost or booking advance whichever is higher..

20 -15 days

75% of the total tour cost or booking advance whichever is higher..

14 -0 days before departure

100% of the total tour cost.

Air tickets - If taken separately exclusive of package cost

As per Airline policy / 100% non-refundable within 30 days.

Train /Bus / Ferry / Cruise tickets

As per the policy of the concerned provider.

Visa

Non-refundable.

Insurance

Non-refundable.

The above mentioned cancellation policy is applicable on total tour cost. GST & TCS to be paid additional over and above the cancellation charges as per the above. This 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.  Booking advance will not be refunded under any circumstances. The above mentioned cancellation policy is applicable on total tour cost. In case of a part payment, whatever the amount paid at the time of cancellation will be considered as the total tour cost. It has been clarified that the cancellations are non-transferable and cannot be applied towards future bookings. Embrace Holidays reserves the right to modify the cancellation policy at any time, with or without prior notice, at its sole discretion.

The Company reserves the right at any time and/or for any reason whatsoever to a) Terminate the contract after acceptance of booking amount but prior to the commencement of tour. In the event, the Company terminates the contract; it may refund the booking amount to the Tour Participant without payment of any interest thereon after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers and the like b) Amend, alter, vary or withdraw any tour, holiday, excursion or facility 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 towards any consequential damage, loss or extra cost suffered by the Tour Participant or to pay any compensation to Tour Participant.

COMPLAINTS:

If the client has any complaint in respect of services of any third party provider or independent contractor, they shall immediately notify the same in writing to the third party provider or independent contractor and hand over copy thereof to the tour manager or Embrace Holidays representative in order to enable the company to take up the matter with the independent contractor. Any claim or complaint by the tour participant must be notified to the company in writing within 28 calendar days of the end of the tour. No complaint or claim notified after this period will be entertained. However, Embrace Holidays does not incur any liability in connection with resolving the complaints by the third party provider or independent contractor.

REFUNDS

The Company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Tour due to Force Majeure or Vis Majeure. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, coach operators and the like. and the decision of the Company on the quantum of refund shall be final and binding on the Tour Participants.

In case the Company exercises its discretion to alter, amend or cancel any tour advertised in the Brochure/Website and the Tour Participant who has registered for such tour exercising the option to continue with the tour as altered or amended, or to accept any alternate tour which the Company may offer, the Company shall not be liable for any compensation, damage, additional expense or consequential loss suffered by him/her or to pay any amount as refund to the Tour Participant.

Even in case of a Tour for which the payment was made in Foreign Currency if any, with or without part payment in Indian Rupees the said refund shall be made only in Indian Rupees at prevailing rate on date of refund as per existing Rules and Regulations. Those Tour Participants not travelling with the group throughout the Tour shall under no circumstances be entitled to any refund.

Refund (if any) for amendments and/or cancellation will be paid/ transferred directly  to Tour Participant’s bank account by the company. It would take 45 - 60 days to process refund and 60 to 90 days if tickets are already issued.

There shall be no refund if the Tour Participant fails to join the Group at the commencement of the Tour, or joins the Group late or leaves the Group before culmination of the Tour. If the Tour Participant along with his family is compelled to discontinue the tour due to any reason such as illness, death, loss of passport, no claim shall be entertained for refund of unutilized services.

There shall be no refund if the Tour Participants does not or cannot utilize any service included in cost of tour like meals, rooms, excursions and the like nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.

DEVIATIONS

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 / Email. 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.

MEALS AND SPECIAL REQUESTS:

The menus are pre-set menus provided for meals on the tour. The types of meals may or may not indicate in the itinerary / brochure. Unlike an airline, we cannot provide a special meal, nor do we guarantee a special diet to the Client, except to the extent provided by the hotel / restaurant.

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 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 45 days prior to the final payment, 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.

CHILD ACCOMMODATION (UNDER 12 YRS)

If not otherwise mentioned in the itinerary, a passenger who not completed 12 years is considered as child, 0-2 years is considered as infant, and above 12 years as an adult. It is expressly stated and it be understood that any child below 12 years paying the special ‘without bed’ rate will not be provided bed in the hotel under any circumstance. In case the Tour Participant on his own makes a change in rooming while on tour the Company will not be bound to refund or pay compensation towards such change/s. If any such change in rooming by the Tour Participant attracts additional charge he/she shall be bound to directly pay the same directly to the hotel concerned.

HOTELS:

We have taken care to select and/or book the Hotels which are convenient and comfortable subject to the availability and proximity to the places of visit. In Europe, hill stations, and destinations of high altitude regions, most of the hotels may not have air conditioners / fans. Some hotels may not keep buckets or mugs in the bathroom. In case of any improvements with hotel services, guest/s are requested to inform reception. Hotel accommodation is generally provided on single/ double or twin rooms and rates also will be different. If a person booked a tour on twin sharing basis must share the room with another passenger either on a twin-sharing or triple-sharing basis. If we do not have another passenger to share the rooms, the supplement charge will be levied. Only 1 extra bed is allowed in a room and the third bed is often a roll-away mattress put in a twin-bedded room.  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 similar category. The Client should review hotel ratings and reviews provided by third-party sources to ensure that the hotels meet their expectations. Facilities like mini bar, non-complimentary snacks, laundry, internet, paid television channels, telephone etc., are excluded from the tour cost and same shall be directly paid by the Client to the Hotel.

All baggage and personal objects 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, electricity and other amenities while staying at the Hotels. The Company shall not be 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.

The check-in and checkout time varies according to the policies of the hotels. 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 solely paid by the Client to the Hotel and Embrace Holidays shall not be liable for any compensation.

Single Accommodation: In case you book on a single occupancy basis, you will have to pay a single room supplement unless another tour participant is willing to share your room. You shall also be liable to pay the single room supplement if earlier having booked on a shared room basis, you later have to take the room on single occupancy basis since your intended room partner has either dropped out of the tour for any reason or since you and / or your room partner are no longer willing to share a room. Note that the single room supplement will be charged in all cases where a booking on a shared room basis has to be changed to single room basis including the following: (i) Intended room partner was arranged by you. (ii) Intended room partner was arranged by us for you. (iii) No room partner was found available for you.

Double (Twin) Accommodation: A double room has either a single queen-size bed or two separate beds. If you request for a room with a queen-size bed, the same would be provided subject to availability as most of the hotel rooms in Europe & Far East are twin-bedded. In case of non-availability of a room with a queen-size bed, a twin bedded room would be given.

Triple Accommodation: We recommend a maximum of only three persons in one room. Triple rooms are usually no larger than twin rooms and the third bed is often a rollaway bed or cot placed in a twin room. The triple room will be subjective to availability.

Accommodation for children: 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.

AIRLINE

In computerized reservation system of Airlines seats once reserved cannot be changed. Tour participants will have to travel by the same seat provided by Airline. The client is requested to collect Air tickets, Visas, and other travel documents from Embrace Holidays, only after making the full payment. No tickets will be send by courier. The Company shall not be liable to the Client 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.

COACH / SITTING

We use air-conditioned/air-cool 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. We have found it fair to operate daily seat rotation on board our coach, so generally no seat numbers are allocated.  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 objects 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.

LOSS / DAMAGE

Embrace Holidays 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 shall not accept any liability or responsibility for any damages, loss, injury, accident, death, natural calamity, delay, breakdown or irregularity that may occur in carrying out the tour. Moreover, management reserves the right to claim any additional expenses due to delay or changes in train, plane, bus, ship or other services, weather conditions, strikes, war, quarantine, and any other cause, whatsoever, and all such losses or expenses must be borne by the passengers.

FORCE MAJEURE

The Company shall not be responsible and/or liable for any damages caused to a client 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.

AMENDMENTS

In the event of Company exercising its right to amend/alter any tour/holiday advertised in brochure/Website subsequent to booking of the same by the Tour Participant, such Tour Participant shall have the option either to a) Continue with the tour or holiday as amended or altered or b) Accept any alternate tour or holiday which the Company may offer. In either case Company will not be liable to refund or compensate the Tour Participant for any consequential loss, damage or additional cost. In the event that the Company is unable to conduct a particular tour for whatever reason and the Tour Participant is not exercising any of the above two options then it shall at its own discretion refund whatever amount collected towards the total cost of the tour without any interest after deducting actual expenses incurred on the services like visa charges, travel insurance, retention charges of the overseas suppliers and the like. The Tour Participant will not be entitled to raise any grievance in respect of the same.

RESCHEDULE / DATE CHANGE FOR A TOUR

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.

MINIMUM PARTICIPATION

Tours specified in the Brochure/Website are subject to minimum participation of paying Participants. If the participation is below the minimum prescribed, the Company reserves the right to amend, amalgamate, alter, vary, or cancel a Tour without incurring any liability to pay any compensation. If Company decides to operate the tour with participation below the minimum stipulated the Company reserves the right to collect additional pro-rata amount.

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:

Even though Embrace Holidays offer basic level travel insurance to some trips, 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. 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. Settlement of claims if any will be entirely at the discretion of the insurance Company. Client has to make the claim and do the procedures from their end. The Company will in no way be able to initiate, influence or interfere in policies provided by Embrace Holidays as part of the trip.

TAX COLLECTED AT SOURCE:

Finance Act 2020 has inserted a new sub-section (1G) in TCS (Tax Collected at Source) under Section 206C of the Income Tax Act, 1961 to collect tax out of foreign remittance transactions under Liberalized Remittance Scheme (LRS) as well as amount received from buyer by a seller for sale of an of an ‘Overseas Tour Program Package’ w.e.f. October 1, 2020, as per RBI guidelines an additional 5% TCS on invoice value is applicable for those passengers having PAN (Permanent Account Number), or 10% TCS is applicable for those passengers does not have a PAN. Declaration specifying the amount utilised on Overseas tour program package by each payer needs to be furnished as per the format provided.  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, 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 7 lakhs is utilised during the current year, then TCS as applicable will be levied on standalone services.

GENERAL CONDITIONS:

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 our communication materials. 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.

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, by making a booking advance exempts Embrace Holidays, 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.

There is no contract between the Company and the Tour Participant until the Company has received the specified non-refundable interest free booking amount. The full payment must be received in accordance with the procedure laid down in the quotation/brochure/website. If not paid in accordance with the payment schedule the company reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned above. Any payment made to the tour participant’s group leader/ travel association/club would not constitute payment to the company until the same is remitted to the account of the company.

TRAVEL CONDITIONS:

The Client will have to strictly follow the tour program and return  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. Even if a client is unable to reach the place of commencement of the tour or commence to 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.

Further be noted that, 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.

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.

The Company, reserves the right to drop / remove / discard from tour anyone whose behaviour 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 / service providers / vendors selected by the company.

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.

Guest/s travelling aborad shall take care of not losing passport. Loss of passport on tour involves costs and consequences such as filing FIR, Visiting Indian Embassy, getting new passport or landing certificate, expenses on the stay, food, transportation etc., all of which have to be borne and paid by the concerned guest/s only. Getting the landing certificate or the new passport is the sole responsibility of guest/s. Tour leader is not responsible or liable or under obligation, for the loss of passport and consequences thereof.

Entry tickets are strictly subject to availability at the time of the tour.

Company generally assists in documentation and submission of application for visa by forwarding them to the respective embassies and consulates on the dates as pre-defined by the concerned authority. The visa fees charged to the guest/s shall be at the rates prevailing as on the date of submission of documents to the Embassy or consulate.

Embrace Holidays shall not be responsible for any errors in the date of visa granted or delay in granting visa. Generally consulate do not give any reason for not granting visa and / or with refusal stamp on passport. Embrace Holidays therefore shall not provide any reason why a person is not granted a visa. Rejection for visa for any reason is sole discretion of concerned embassy / visa facilitate centre over which Embrace Holidays has no control & Embrace Holidays is not responsible for the same.

Airlines are solely responsible for overbooking of seats, failure to provide meal as required by the guest/s, quality of meal, loss of baggage, allotment of seats for group booking etc.

Travellers are responsible for their health and safety during the trip. Some activities may involve inherent risk of personal harm, for example, rafting, canoeing, mountain biking, hourseback riding etc., and Embrace Holidays will not be responsible for unforeseen accidents and injury and death. Embrace Holidays will exercise reasonable care and deligence in making travel arrangements, however, the company shall not be responsible for any loss, damage, injury or death.

We always recommend obtaining appropriate travel insurance as your responsibility to cover medical expenses, trip cancellations, and other unforeseen events. As part of our special offers, Embrace Holidays provide travel insurance for selected tour packages, but the company will not be responsible for any delay, denial of an insurance claim by the insurance company. It is the sole responsibility of the traveller to approach the insurance company and proceed with the formalities during an unfortunate event. The company will not be, in any case, obligated for the procedures. 

We cannot endow with individual aid to any of the client / traveller 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/traveller will be joining the tour on his own risk and consequences. 

The Tour Documents viz. hotel vouchers, tour itinerary, air tickets etc. will be sent through electronic mode by way of email or Whatsapp addressed to the registered email id or mobile number of the Client. 

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. 

In case 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 distancing, frequent hand washing, always masked throughout the tour. You will be responsible for any consequences arising out of non-adherence of the protocols.

INFORMATION DISCLOSURE:

 Client hereby expressly consents and authorizes the Company to share his/her  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 Airline tickets, Visa, travel permits, SIM cards / travel insurance. The Client confirms that with regard to the booking, the address of the Client 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. 

COMMUNICATION

Any communication directed at the address or made through / on the contact details such as e-mail id, cell phone/telephone no. / fax no. /Whatsapp no. of the Client as disclosed 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 in this regard. 

LIABILITY

Embrace Holidays shall under no circumstances whatsoever be liable to the Tour Participant for: 1) Personal injury, sickness, accident, loss, death, delay, discomfort, increased expense, consequential loss and/or damage on account of theft howsoever caused. 2) Temporary or permanent loss/damage to baggage/personal effects howsoever caused. In this condition the expression “howsoever caused” includes willful negligence on the part of any person. 3) Loss of baggage by the Airline/Cruise line/Surface transportation. 4) Failure on the part of airline to accommodate Tour Participant/s despite having confirmed tickets. 5) Airline not allowing Tour Participant to board the flight for reasons beyond the control of the Company. 6) Damage or loss caused due to reasons beyond the control of the Company (Force Majeure Vis Majeure). 7) Refusal to grant Visa by the consulate / embassy. No liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the same and shall in no case include any consequential loss or additional expense whatsoever.

 PRIVACY OF INFORMATION:

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.

JURISDICTION:

For all claims, disputes of whatsoever nature relating to the tours marketed / coordinated by Embrace Holidays the courts, forums and tribunals in Kozhikode alone shall have exclusive jurisdiction.

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.

The client agrees to have read and understood all the terms and conditions as mentioned hereinabove and all his / her queries have been answered by the Company representative to his / her satisfaction and accordingly he / she voluntarily agreed, accepted and consented to abide by these terms and conditions.



embraceholidays

© 2024 embraceholidays.com All rights reserved.
The content used on this site are copyright protected and copyrights vests with the respective owners. The usage of the content and images on this website is intended to promote the works and no endorsement of the artist shall be implied. Unauthorized use is prohibited and punishable by law.

embraceholidays

© 2024 embraceholidays.com All rights reserved.
The content used on this site are copyright protected and copyrights vests with the respective owners. The usage of the content and images on this website is intended to promote the works and no endorsement of the artist shall be implied. Unauthorized use is prohibited and punishable by law.