Terms

TERMS & CONDITIONS

Last updated on Oct 12th 2022

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern India Magic Tours”s relationship with you in relation to this website.

The term ‘India Magic Tours’ or ‘us’ or ‘we’ refers to the owner of the website whose registered/operational office is 23 Manohardas street,Bazargate, Fort, Mumbai, Maharashtra 400001. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information.

You may not create a link to this website from another website or document without India Magic Tours’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

1. Your Contract with India Magic Tours

Deposit: 25% of the total tour price.

To secure a booking India Magic Tours requires a non-refundable deposit priced as above, per person, per component. Full payment is required if travel is due to commence within 30 days. This payment is deemed to be confirmation that the client has read and accepts the India Magic Tours booking conditions. Clients booking through a travel agent or by telephone, fax, email or online will be deemed to have read the booking conditions and accepted them.

A booking is accepted and becomes definite only from the date when India Magic Tours has confirmed acceptance by issuing an invoice. Errors or omissions on the invoice may be subsequently amended after advising the client in writing. It is at this point that a contract between India Magic Tours and the client comes into existence. Before your booking is confirmed and a contract comes into force, India Magic Tours serves the right to increase or decrease prices. India Magic Tours serves the right to decline any booking at our discretion.

The contract is between India Magic Tours and the client, being all persons named on the booking as travelling or intending to travel with India Magic Tours. The person making the booking (which is subject to these terms) warrants that he or she has full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions.

2. Payment for your trip

The balance of all monies due, including any surcharges applicable at that time, must be paid not later than 30 days before departure. In the case of non-payment of the balance by the due date, India Magic Tours will treat the booking as cancelled by the client and apply the appropriate cancellation charges. Monies paid to an agent acting on behalf of India Magic Tours are held by the agent on behalf of India Magic Tours.

3. Changes

Changes by You

We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. Any changes to the original booking must be confirmed in writing by the lead customer and must be accompanied by charges as per the below table in addition to the cost of any extra services required.

Written notification is essential even if verbal notification of an intention to change has been given. Charges will be applied as shown below, calculated from the day written notification is received by India Magic Tours.

The date used for calculating charges:

• 30 days or more: 25% per booking.
• 8-29 days: 50% of total cost of booking
• 7 days or less: 100% of total cost booking
• Whilst every reasonable effort will be made to accommodate changes and additional requests their availability cannot be guaranteed.

Changes by Us

While India Magic Tours will use its best endeavours to operate all tours as advertised, by entering into this contract the client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions.

India Magic Tours reserves the right at any time either before or during a tour to cancel or change any of the facilities, routes, services or prices described in the brochure (including transport, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.

If a major change is known to us, the client will be told at the time of booking. If a major change becomes necessary, India Magic Tours will inform the client as soon as reasonably possible if there is time before departure. The definition of a major change will depend on the individual’s tour and circumstances as is at the sole discretion of India Magic Tours. When a major change is made the client will have the choice of accepting the change of arrangement, or within 7 days notification of the change, purchasing another available tour or cancelling the tour and obtaining a full refund, provided that the major change is not because of force majeure.

Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with local transport or India Magic Tours vehicles, changes imposed by cancellation or rescheduling of flights by an airline or aircraft type, or other similar events beyond the control of India Magic Tours. India Magic Tours is not liable for any penalty charges associated with non-refundable airfares, in the event of a change to a tour departure time, date or airport. All costs incurred due to force majeure, such as transport, communication, accommodation, food or other similar items will be passed to the client by way of local surcharges.

4. Cancellation by you

The client may cancel the booking at any time provided that the cancellation is communicated to India Magic Tours in writing. Written notification is essential even if verbal notification of an intention to cancel has been given. Cancellation charges will be applied as shown below, calculated from the day written notification is received by India Magic Tours.

The date used for calculating cancellation charges will be as follows:

• 30 days or more: 25% per booking is forfeited.
• 8-29 days: 50% of total cost of booking is forfeited.
• 7 days or less: 100% of total cost booking is forfeited.

1. Guaranteed Departures

All tours operated by India Magic Tours are guaranteed departures and will operate unless force majeure circumstances arise. Due to the traveller numbers on a specific tour, India Magic Tours reserves the absolute right to change the type or style of transportation or other elements, to enable the tour to operate.

Force Majeure: We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, acts of God, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

6. Food

Meals/Refreshments are included as stipulated in the tour itinerary, check your specific tour itinerary for details of which meals are included. Vegetarians or those with special dietary needs can be catered for, so please inform us at the time of booking, as well as your tour leader at the start of the tour. Non-included meals are at your own expense. This allows you the opportunity to try the local cuisine. The food is delicious and varied with restaurants providing an important insight into local ways of life.

7. Surcharges

All prices published in printed brochures and other printed media are “from” prices only and may vary from time to time due to exchange rates, operational costs or travel seasons or years. Correct prices are published on the India Magic Tours website and are valid at the time of booking. No refunds are payable if the price is subsequently reduced and all prices may be subject to surcharges as set out below.

India Magic Tours reserves the right to increase the tour price or local payments / funds to take into account the following items: entrance charges, government action, currency and transportation costs. If the surcharge results in an increase of more than 15% of the tour price the client may cancel the booking within 7 days of notification of the surcharge and obtain a full refund.

8. Age, Fitness and Participation

All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the itinerary.

Persons over 65 years of age may be asked to provide medical evidence of fitness to travel on certain itineraries. Minors (those under 18 years of age) are accepted on some group tours operated by India Magic Tours at our discretion provided they are accompanied by a parent or guardian who accepts full responsibility for them. Unaccompanied minors will not be accepted. India Magic Tours has recommended ages for participation in group tours which act as a guide only. India Magic Tours reserves the absolute right to decline a booking at their discretion.

Clients agree to accept the authority and decision of India Magic Tours employees, tour leaders, and agents whilst on tour with India Magic Tours. If in the opinion of such person that the health or conduct of a client before or after departure appears likely to endanger the safe, comfortable or happy progress of a tour, the client may be excluded from all or part of the tour, without any refunds. In the case of ill health India Magic Tours may make such arrangements as it sees fit and recover the costs from the client.

If a client is excluded from the tour as above or chooses to leave the tour of their own free will or leaves the tour due to ill health or any other reason there will be no refund of the tour price, extra services, surcharges, local payments/funds or any local surcharges. All services forming part of the whole package booked will be forfeited.

9. Local Laws

All participants in tours operated by India Magic Tours are expected to obey the laws and regulations of the places visited and any failure to do so will relieve India Magic Tours of any obligation that they may otherwise have under these booking conditions.

10. Illness or Disability

Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure will constitute breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeit.

If you or any members of your party have any disabilities it is extremely important that you contact our offices by email via this link before completing any reservation to ensure compatibility for the holiday that you choose.

11. Complaints

If the client has a complaint about any of the tour arrangements the client must bring it to the attention of the tour leader or other representative of India Magic Tours at the time so that they may use their best endeavours to rectify the situation. It is only if India Magic Tours is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the client’s ability to claim compensation from India Magic Tours be extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to India Magic Tours within 7 days of the completion of the tour or all claims for compensation will be forfeited.

12. Our Responsibilities

The components operated or supplied by India Magic Tours have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of personal risk and exposure to potential hazards over and above those associated with normal “package travel”. All bookings are accepted with the understanding all risks and hazards are appreciated by the client and they undertake all tours, excursions and activities on own volition.

a) Where the client does not suffer personal injury, India Magic Tours accepts liability should any part of the component arrangements booked with India Magic Tours not be supplied as described and not be of a reasonable standard. In such a case, India Magic Tours will pay reasonable compensation if the component arrangements had been adversely affected but will pay no compensation if there has been no fault on the part of India Magic Tours or its suppliers and the reason for the failure in the component arrangements was due to force majeure, the client’s fault, the actions of someone unconnected with the component arrangements or could not have been foreseen or avoided by India Magic Tours or its suppliers even if all due care had been exercised.

b) Where the client suffers death or personal injury as a result of an activity forming part of the component arrangements booked with India Magic Tours, India Magic Tours accepts responsibility unless there has been no fault on India Magic Tours part or its suppliers and the cause was due to force majeure, the client’s fault, the actions of someone unconnected with the component arrangements or one which neither India Magic Tours nor its suppliers could have anticipated or avoided even if all due care had been exercised.

13. Brochure / Website / Advertising Material Accuracy

The information contained in our brochure, on our website and in other advertising material is believed correct to the best of our knowledge at the time of publication. Errors may occasionally occur and information may subsequently change, therefore please ensure you check all details of your chosen component (including the price) with us or your travel agent at the time of booking. India Magic Tours cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in the brochure, on our website or in other advertising material.

14. Lost property

If you have lost an item during your holiday, you must report it to India Magic Tours within 7 days of your return home. We will try to help find the item and if found, we will post it to you. You will be charged the cost of postage and a handling fee of Rs. 2500 per lost item. India Magic Tours accepts no liability for helping with your lost property. India Magic Tours takes no responsibility for any loss or damage to your luggage while on our vehicles or public transport.