Terms & Conditions
PLEASE READ THIS. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.
Please thoroughly review these terms and conditions of “9 Paradise Trails". Hereinafter referred to as "9PT" It is the sole responsibility of the addressee or Initiator of bookings to inform all other parties traveling of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to 9PT, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
BOOKING ACCURACY/LEGAL NAMES:
Requestor is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify 9PT immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Passenger(s) assumes sole responsibility to independently confirm all documents requirements for all passports, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases 9PT from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times. WTA recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.
Prices and availability quoted by 9PT are not guaranteed until deposit is fully paid. Pricing and availability may change without notice. Passenger agrees that 9PT is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is 9PT responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold 9PT harmless for any actions or damages arising from Supplier pricing.9PT reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.
AIRFARE (General Conditions Governing Air Transport)
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports are at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, 9PT acts simply as an intermediary between you and the airline. (9PT recommends reconfirmation 72 hours prior). If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. WTA will not provide any refund for Trips missed, in part or full. All Airline policies are binding to all the travelers.
ACCOMMODATIONS AND ACTIVITIES:
“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, quarters in cruise ships, motels, time shares, camp grounds, and resorts.
The number of stars attributed to the hotels and other providers of accommodations quoted by WTA correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers.9PT makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
Taking possession of and vacating your room
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. 9PT is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
Types of room
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. 9PT makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
These depend on the meal plan chosen / applicable.
Activities offered during your stay
An activity may not be appropriate for all ages or for individuals with certain medical conditions. 9PT may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part. It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the numbers of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that 9PT is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation is often organized by outside providers. Any travel costs related to such activities are at the customer’s expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 9PT SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
9PT advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip. You agree that 9PT will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.
Travelers with special needs or disabilities
If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. 9PT make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. 9PT has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at 9PT. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable fee per person as imposed by 9PT. All cancellations MUST be in writing and sent to 9PT by email to 9PT and only on receipt of a confirmation from 9PT is acceptance upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by 9PT and the supplier. Your cancellation will be confirmed via email when processed. (Min Approx Charges For FIT as per Hotel/ Service provider + Rs 500 for our service charges per person)
Travel insurance protection is strongly recommended.
As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you the customer and we advise you to do your research and find coverage that best fits your individual needs. 9PT is limited to advising you of the need for such coverage. By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection. We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.
9PT is simply an intermediary between the Suppliers and the public. 9PT does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that 9PT shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than WTA or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives. Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason so as to ensure the best possible service, without limitation and without notice. Passenger(s) acknowledge and agree that 9PT is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. 9PT recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to WTA at the time of reservation upon initial booking so 9PT can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that 9PT shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While 9PT prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that 9PT shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall 9PT be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
LIMITATION OF LIABILITY
Without limitation, Passenger(s) assume the risk of, and agree that 9PT is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
MODIFICATION OF TERMS AND CONDITIONS
The Terms and Conditions may be amended or modified by 9PT at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Confirmation of any tour would mean an automatic acceptance of the Terms and Conditions
Headings are for reference purposes only and do not limit the scope or extent of such section.
MANDATORY ARBITRATION / FORUM / CHOICE OF LAW
The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the laws of Mumbai Courts. The Parties agree that the arbitration shall take place in Mumbai and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against 9PT. If Passenger(s) fails to submit their claim to arbitration and instead files suit, 9PT shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration.