TERMS & CONDITIONS
1. GENERAL CONDITIONS
1.1 Scope and Definitions
1.1.1 The below mentioned Terms & Conditions shall apply on all the bookings made with W.A.T.C.H (“WATCH”) having its office at 215 Qutab Plaza, DLF Phase 1, Gurgaon, Haryana – 122002, India by any individual traveller and group (“Travellers”) intending to avail the Services of WATCH whether directly or through WATCH’s agents or WATCH’s associates located in overseas countries.
1.2 Acceptance of Conditions
1.2.1 The following Terms and Conditions shall be applicable to all the Travellers making bookings with WATCH. The Travellers hereby give their consent to these Terms and Conditions in full and also agree to be bound by these Terms and Conditions.
1.2.2 The term booking shall include, services requested by a Traveller that includes accommodations including hotels, camps, lodges, ground transportation (cars, vans, buses) , air and rail travel (where booked by WATCH), local guides, tour escorts, experts, chartered flights (where a request has been made with WATCH to charter an aircraft or helicopter), special outdoor adventurous activities such as safaris by jeeps, boats or elephant back, camel back, horse back safaris, bike rides, motorcycle rides and all other activities that are requested by the Travellers or suggested by WATCH on the itineraries in tune with a Traveller’s interests. WATCH reserves the right to get a waiver / indemnity signed for all activities that involve an element of adventure or risk.
2. USE OF THE SERVICE
2.1.1 All Travellers who are 18 years of age or above are eligible to participate in a trip. Children under the age of 18 must be accompanied by a parent or a guardian.
2.1.2 All Travellers are required to ensure their good health necessary for travelling. In the event, a Traveller opts for activities that are adventurous in nature, it shall be deemed that the Traveller has the minimum required level of fitness for participating in such activities. Prior to their arrival, Travellers are also required to notify WATCH about any constraints including physical disabilities such as inability to walk or take steps, climbing heights or medical conditions such as allergies to foods, medicines or any specific health conditions.
2.2 General Booking Conditions
188.8.131.52 WATCH assures its Travellers to maintain prices as contracted for a particular tour. However, in the event of any increase in costs due to change in the existing govt. tax structures, introduction of new govt. taxes or revision of air fares or airline taxes, increase in costs of fuel etc; all costs arising out of a modification of booking by Travellers or due to a waitlisted accommodation or for reasons beyond our control, such additional costs shall be the sole attributable to Travellers. WATCH shall not bear any such additional costs.184.108.40.206 WATCH assures its Travellers to maintain prices as contracted for a particular tour. However, in the event of any increase in costs due to change in the existing govt. tax structures, introduction of new govt. taxes or revision of air fares or airline taxes, increase in costs of fuel etc; all costs arising out of a modification of booking by Travellers or due to a waitlisted accommodation or for reasons beyond our control, such additional costs shall be the sole attributable to Travellers. WATCH shall not bear any such additional costs.
2.2.2 Inclusions and Exclusions
220.127.116.11 The inclusions and exclusions of the cost of a trip shall vary from one tour to another. Please refer to the pricing document submitted by WATCH for a detailed list of inclusions and exclusions. Under no circumstances does WATCH include the cost of any kind of insurance such as insurance for travel, travel protection, health, medical repatriation etc. Such insurance will have to be purchased by the Travellers in their country of domicile at their own costs.
18.104.22.168 WATCH assures the Travellers that all efforts will be made to maintain the original itinerary as submitted at the time of booking. However, if required and for reasons beyond the control of WATCH like there is a change in timings of a flight, train, museum or monument; or if days of closure of monuments, safari parks are changed by the concerned authorities and including conditions/events specified in Force Majeure (refer clause 8), WATCH reserves the right to change the itinerary and the route or the order of the visits, accordingly. Also, WATCH will provide suitable alternate accommodation, in case a hotel specified in itinerary does not get confirmed.
22.214.171.124 WATCH, wherever possible, will inform the Travellers about such changes prior to their departure. WATCH assumes no responsibility for any additional expenses and/or losses which might be incurred on account of delays or disruption of planned itinerary due to the occurrence of any of the above situations including Force Majeure condition.
2.2.4 Check-In / Check-Out Times
126.96.36.199 The Check-In and Check-Out times at hotels will be determined by the policies of each hotel or hotel chain. The general time for check-in is 2 PM and check-out is 12 Noon. However, some hotels do have later check-in times. For an earlier check-in travellers are required to pay an additional cost for availing a room immediately on arrival.
2.2.5 Third Party Services
188.8.131.52 Travellers agree and understand that WATCH may use services of Associate Service Providers and for rendering services. Such Associate Service Providers may also provide their own guidelines for facilitation of their services. The Travellers shall be responsible for ensuring compliance of such guidelines, in the event of any breach, respective Traveller shall be personally liable and shall provide the reimbursement for any damages and/or loss which might occur due to such a breach.
184.108.40.206 WATCH shall under no circumstances be held liable for any additional costs, loss and/or damage suffered by the Travellers on account of delay, cancellation and/or missing of flights (international or domestic) / or trains for the reasons not solely attributable to WATCH and beyond the control of WATCH. WATCH will endeavour to arrange another substitute flight/ train for the Traveller(s) at additional cost payable by the Travellers. In the event, any substitute flight/ train is not arranged then the amount may be refunded by WATCH after deducting the cancellation charges and convenience charges / service fees as applicable from time to time.
220.127.116.11 WATCH assumes no responsibility, in the event of any baggage/ belonging is misplaced, destroyed or lost, by an airline or Indian Railways (to the extent permitted). The Travellers shall be solely responsible for any such loss or damage caused by an airline or Indian Railways.
2.2.6 Ground Transportation
18.104.22.168 WATCH will provide ground transportation(cars, vans, buses) as mentioned the itinerary. All vehicles possess a standard capacity for storing luggage and personal belongings of the Travellers. However, in the event, a Traveller is carrying quantity/ number of luggage beyond the standard capacity of the vehicles then WATCH will provide an extra vehicle at additional cost, solely attributable to the respective Travellers.
2.2.7 Airfare Fare
22.214.171.124 International air fare is not included in our prices unless and until specified. All airfares quoted (whether domestic or international) are subject to change until ticketed. Tickets will be issued only upon receipt of full payment of airfare/railway fare, due at the time of confirmation the booking by a Traveller. Airfare tickets documents may include special conditions including restrictions such as baggage size and weight limit. Tickets are not transferable. The Travellers shall be responsible for carrying all the travel documents including but not limited to passport, visa and boarding pass along with them at the time of departure. Travellers shall also ensure that they have provided the correct information such as name as in passport, dates of birth etc. while confirming a booking WATCH. Travellers further agree that WATCH shall not be liable in any manner, for any loss or damage of any kind incurred by Traveller(s) as a result of any incorrect information provided by the Traveller.
2.2.8 Passport, Visa and Entry Permit:
126.96.36.199 Travellers understand and agree that they shall have a passport with a validity of atleast 6 months from the date of return and also with sufficient blank pages.A valid visa is required for travelling in India and sub-continent countries such as Nepal, Bhutan, Sri-Lanka etc,irrespective of mode of transport i.e. either by air, sea or land.
188.8.131.52 It is the sole responsibility of the Travellers (irrespective of their nationality) to obtain a valid passport, visa and other documents/pre-approvals as may be required for travelling in India and sub-continent countries, prior to their departure from their respective countries. It is suggested by WATCH that Travellers shall contact consulates, travel agents in their country of domicile to check on such requirements and regulations required for travelling in Indian and sub-continent countries, as they may change from time to time.
184.108.40.206 No refunds shall be granted for unutilised services, in the event, a Traveller is denied boarding at any entry point or even after landing in India or in any of the sub-continent countries for reasons including but not limited to, not possessing a passport, visa, being quarantined at any airports in India or the sub-continent for health / medical reasons and non-compliance of any health and inoculation requirements as may be laid down from time to time by the concerned authorities.
2.2.9 Behaviour and Conduct
220.127.116.11 Travellers are required to maintain a certain code of conduct while travelling in India and any of the sub-continental destinations. Travellers are also required to respect the local culture and religion. WATCH reserves the right to decline participation in activities that could impact a Traveller’s health or enjoyment by participating in such activities. WATCH also holds the right to terminate the participation of a Traveller travelling with a group or a tailor made trip of individuals, in the event, the behaviour or conduct of a Traveller is giving a negative impact on enjoyment of the fellow Travellers or result in insult to a country and its culture, religion or citizens in which they are travelling.
18.104.22.168 Travellers are also responsible for the safety and security of their personal belongings, artefacts, cash, valuables etc. While guides of WATCH and representatives endeavour to brief Travellers on all security measures to be undertaken by Travellers, but it is the sole responsibility of the Travellers for the safety and security of their personal belongings, artefacts, cash, valuables etc. and WATCH will not be held responsible or liable for any loss/damage, in case of any pick pocketing or thefts.
22.214.171.124 No Traveller shall do anything or transmit any material that might constitute a criminal offence or give rise to any civil liability. Under no circumstances will WATCH be liable in any manner for any behaviour of Traveller(s), including without limitation, for any loss or damage of any kind incurred by Traveller(s) as a result of such behaviour.
3. PAYMENTS AND DEPOSITS TERMS
3.1 All Travellers are required to make a 25% deposit at the time of booking for all tailor made itineraries and special bookings. The balance payment shall be made minimum of 30 days prior to arrival or in some cases 60 to 90 days prior to arrival depending on period of travel, such as Christmas, New Years or other peak periods of travel. Travellers may also be required to pay non-refundable deposits for such periods as Christmas, New Years. Such deposits will be forfeited in case of cancellation of the trip for any reason.
3.2 Travellers can make payments by wire transfer, banker cheques or Credit Cards such as VISA, MASTER, AMEX subject to a convenience fee of 3% of the total invoice for all credit card transactions. WATCH further reserves the right to alter any and all of its fees from time to time on account of increase or revision in any fee, duty, taxes etc. Travellers may be required to sign documents authorising WATCH to charge their cards as per the regulations of banks or credit card services.
3.3 Any illegal transaction by the Travellers shall not be the responsibility of WATCH and shall be the sole liability of the Travellers. It would be WATCH’s discretion to retain the Traveller or cancel the services upon detection of such illegal transaction.
4. CANCELLATION AND REFUNDS
4.1 In the event, a Traveller cancels a Trip, the Traveller should notify WATCH in writing atleast 30 days prior to travel. Cancellation fee will be charged by WATCH for all cancelled bookings, as per the following cancellation terms.
Number of days prior to Departure Cost of Cancellation
Minimum Cancellation after booking 10% of the total tour cost
90 to 60 days 25% of the total tour cost
59 to 30 days 50% of the total tour cost
Below 30 days 100% of the total tour cost
4.2 Any refunds due to travellers on account of a cancelled booking shall be paid after deducting cancellation charges as per the above cancellation terms. No refunds shall be made for bookings cancelled under 30 days prior to travel.
4.3 In the event, a trip is not confirmed for any reason whatsoever, WATCH will process the refund and intimate the Travellers about the same. WATCH is under no obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservations.
4.4 The Travellers understand and agree that in case of Force Majeure (refer clause8), Travellers will be refunded the total amount received from them after deducting any taxes, cess, fee and cancellation charges or any other charges as applicable.
5.1 Travellers undertake that they are adequately covered by travel insurance, prior to their departure. It is advisable that the travel insurance must cover personal accident, medical expenses, evacuations and repatriation, baggage loss and cancellation or curtailment of Holidays. The Travellers shall choose their travel insurance according to their own requirements in their country of origin or domicile.
5.2 WATCH reserves the right to request the Travellers to produce insurance documents prior to their arrival or after their arrival in India. WATCH also reserves the right to cancel the booking, in the event, WATCH discovers that the Traveller(s) has not obtained adequate travel insurance. WATCH shall not be liable, in the event, Travellers wishes to travel without adequate or no insurance cover then such a trip shall be at their own risk. Further the Traveller shall also sign a disclaimer, indemnifying WATCH of all liabilities arising out of such travel for any expenses and/or losses/claims which might be incurred owing to inadequacy or lapse on the part of the Travellers to obtain such insurance.
6. LIMITATION OF LIABILITY
6.1 Under no circumstances shall WATCH be liable for the services provided by Associate Service Providers. The services are provided on “as available” basis. Travellers acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against WATCH and WATCH’s Director(s), that arise directly or indirectly with respect to Travellers. Need to understand this and reword it to indemnify WATCH.6.1 Under no circumstances shall WATCH be liable for the services provided by Associate Service Providers. The services are provided on “as available” basis. Travellers acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against WATCH and WATCH’s Director(s), that arise directly or indirectly with respect to Travellers. Need to understand this and reword it to indemnify WATCH.
6.2 WATCH nor its suppliers shall be liable to the Travellers for any incidental, consequential, special, indirect or exemplary damages arising out of its services, merchant links, licensed products, including loss profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WATCH shall have no monetary liability to any Traveller for any cause (regardless of the form of action) under or relating to this agreement. Under no circumstances the total Cumulative Liability of WATCH under these terms and conditions on any account whether in contract or otherwise shall be limited to the amount actually paid to WATCH by the Traveller less any taxes, cess, fee and cancellation charges or any other charges as applicable.
7. FORCE MAJEURE
7.1 Travellers agree and understand that WATCH, WATCH’s affiliates and Associates and Partner Providers may not be able to perform their respective obligations in an event of Force Majeure.
7.2 For the purpose of these Terms and Conditions Force Majeure shall mean any event or circumstances or a combination of events and circumstances, which satisfy all the following conditions:-
Such events which are beyond the reasonable control of the affected party;WATCH, WATCH’s affiliates and Associate Service Providers could not have prevented or reasonably overcome with the exercise of good industry practice or reasonable skill or care;Such an event which do not result from the negligence or misconduct of/ from/ by such party/ their representatives/ employees/ agents as the case may be, or the failure of such party to perform its obligation here under; war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy in each case involving or directly affecting India and the sub-continent revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in each case within India or the Indian Sub-Continent countries covered on our itineraries;nuclear explosion, radioactive and chemical contamination or ionising radiation, directly affecting the area;strikes or working to rule, go- slows and/ or lock outs which are on each case wide spread nation wise or political;any affect of the natural elements including lighting, fire, earthquake, unprecedented rains, cloud bursts, flash floods, landslides, storms, cyclone, tsunami, typhoon or tornado;explosion ( other than a nuclear explosion or an explosion resulting from an act of war);epidemics and plague;any major accident or breakdown which is not brought about by an act of sabotage by WATCH or anyone affiliated to WATCH or any of their employees or servants or agents;any fire, which is not the effect of natural element.
8.1 Travellers hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions. The Parties shall endeavour to settle such disputes amicably through discussion within a period of 30 days from the date of notice by either party of the dispute. Failure to which shall lead to initiation of Arbitration proceedings as specified under the law of arbitration applicable in India, i.e. the Arbitration and Conciliation Act, 1996 (as amended or substituted) from time to time.
8.2 Notice for the Arbitration shall be served within 30 days of failure of parties to settle the dispute amicably through discussion. The dispute(s) shall be referred to a Sole Arbitrator to be appointed by the Director(s) of WATCH. The venue of Arbitration shall be Delhi or Gurgaon, India and the proceedings shall be conducted in English language. Further, the notice served on the email ID of the Traveller(s) shall be deemed to be considered as valid service of the notice.
9. INTELLECTUAL PROPERTY
9.1 Travellers hereby undertake and understand that any and all photographs, motion pictures, recordings, and/or likenesses of these being captured during a Trip organized by WATCH or its affiliated entities or contractors, shall become the sole property of WATCH. The Travellers grant the right, permission and authority to WATCH and its designees to use their name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. Further, WATCH and its designees have the full right to sell and/or earn profits from the commercial use of such photographs, motion pictures, recordings and/or likenesses.
10.3 Collection and Use of Personal Information
10.3.1 Travellers may be asked for personal information anytime they are in contact with WATCH directly or indirectly through a third party.
10.3.2 Should Travellers purchase travel and/or related services or choose to go through the WATCH website or mobile site, they have to provide WATCH with certain personal information such as name(s) of persons travelling (name of traveller if the person travelling is different to the one purchasing), passport details (with scanned copies), residential address, phone number, email id, debit/credit card number and expiry date, debit/credit card billing address. Other personal information may be requested too in order to confirm and fulfill the Travellers’ bookings and in order to keep the Travellers informed of each booking. If a booking is made in the name of/for other Travellers, then it is the duty of the Traveller(s) who is/are booking, to ensure these other Travellers have agreed beforehand that their personal information may be disclosed.
10.3.3 If Travellers choose to register/get in touch on the website or mobile site, they may have to provide personal information including but not limited to their name, telephone number, e-mail address, a unique login name.
10.3.5 Cookies are small pieces of information that are stored by browsers on the device’s hard drive. Cookies are only read by the server that placed them, and are unable to do such things as run programs on a Travellers’ computer, plant viruses or harvest your Personal Information. However, if personally identifiable information has been previously provided, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with Third Parties.
10.3.6 WATCH may share personal information as required to fulfill the service offering and/or to make booking, reservation, blocking and any such activity initiated by Travellers .10.3.6 WATCH may share personal information as required to fulfill the service offering and/or to make booking, reservation, blocking and any such activity initiated by Travellers.
10.3.7 WATCH has stringent security measures in place to protect the loss, misuse, and alteration of the information under its control. Whenever a payment gateway is accessed, WATCH offers the use of a secure server. 10.3.7 WATCH has stringent security measures in place to protect the loss, misuse, and alteration of the information under its control. Whenever a payment gateway is accessed, WATCH offers the use of a secure server.
10.3.9 WATCH may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to:
(a) conform to the edicts of the law or comply with legal process served on W.A.T.C.H or the site;
(b) protect and defend the rights or property of WATCH the site or the users of WATCH and
(c) act under exigent circumstances to protect the personal safety of users of WATCH, the site or the public.
11.1 The information, software, products, and services included on WATCH’ website/ mobile site may include inaccuracies or typographical errors and WATCH will be entitled to rectify such inaccuracies or typographical errors. WATCH will not be liable/responsible for any decision that Travellers may take based on inaccurate information.
11.2 Advice received via this website/mobile site should not be relied upon for personal, medical, legal or financial decisions and Travellers should consult an appropriate professional for specific advice tailored to their situation. WATCH and/or its respective suppliers make no representations about the suitability, reliability, timeliness, and accuracy of the information, software, products, services, or any other items and related graphics contained on this web site for any purpose whatsoever. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. WATCH and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchant ability, fitness for a particular purpose, title and non-infringement.
11.3 Please ensure that all information provided while booking is correct. For security reasons and to be able to advise Travellers of any developments affecting their travel, WATCH may be required to contact Travellers by telephone and email and to have correct addresses on record. If any or all of these contact details are not correctly given, WATCH reserves the right to cancel the transaction at the Travellers’ risk and cost.
12.1 WATCH reserves the right to change the terms, conditions, and notices under which WATCH websites/mobile sites are offered, including but not limited to the charges. The Traveller is responsible for regularly reviewing these terms and conditions.
13.1 Travellers agree to indemnify, save, and hold WATCH, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Travellers’ use or misuse of WATCH Services; (ii) any violation by Travellers of this Agreement or (iii) any breach of the representations, warranties, and covenants made by Travellers herein.
14.1 If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
15. GRIEVANCE REDRESSAL SYSTEM
15.1 A Grievance Redressal Officer will be appointed by WATCH to address the concerns and grievances of Travellers with regards to the products and services offered by WATCH.
15.2 Contact information along with expectant timelines for redressal and procedure to apply to the Grievance Redressal Officer will be published on the website/mobile site of WATCH.