These are the Terms and Conditions that will apply to booking one of our trips. Please read them carefully, as they will bind you.
These Booking Conditions, our privacy policy and any other written information we brought to your attention before we confirmed your booking apply to your booking with Ivan Brownrigg and Stefanie Young t/as India Calling. Please read them carefully as they set out our respective rights and obligations.
Interpretation & Definition
Unless otherwise specified, the following expressions refer to the following meanings in the agreement.
Booking – The booking made by the client with the Operator & as set out on the Operator’s booking form.
Booking Form – The booking form on the Operator’s website or provided by other means is to be completed by the client when booking with the Operator.
Contract – means the agreement between the Client and the Operator to provide the Services of which these terms form a part.
Client – The person, business or company who makes the booking with the Operator. All individuals to whom the Operator provides the services must be of a minimum age of 18.
Force Majeure / Special Circumstances – Any act, event, omission or accident beyond the Operator’s reasonable control, including but in no way limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, pandemic, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-out’s, or other industrial disputes, failure of a utility service or transport network.
Operator – India Calling
Price – The amount payable to the Operator under the contract.
Recordings – Photographs, videos, or any other audio-visual recordings taken of the clients during the provision of the services.
Trip – the destinations, travel arrangements, accommodation, activities and services as described in the Trip Itineraries.
Trip Registration Form – A form on the Operator’s website or provided by other means to collect additional information from the Client required by the Operator to provide the Services.
Wording importing the singular meaning shall include the plural meaning & vice versa.
All wording within the booking conditions is generalised & any reference to any gender includes the other genders.
The headings in these conditions are for convenience only & shall not affect their interpretation.
The Contract
All bookings must be made by a person aged eighteen years or over.
It is incumbent on the Client to accurately complete a Trip Registration Form (TRF), which includes information not provided in the Booking form, which the Operator is required to hold.
The Operator can accept and confirm a booking prior to the return of a completed TRF; however, the Operator will require the Client to complete it no later than thirty (30) days before departure as the Operator may need the information to complete arrangements/services with its suppliers.
A Contract for the Services is made between the Operator & the Client upon the issue of a formal written confirmation (e-mail) of booking by the Operator, which will include a formal confirmation of the trip dates. The Client should not book their preferred flights until they have received this formal confirmation.
The contract is subject to these booking conditions, which the client has been deemed to have read & fully understood. These booking conditions can only be varied by written agreement between the Operator & the Client.
Pricing
All trip prices shown are per person and are quoted and payable in GBP.
The Operator is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
The Operator reserves the right to alter the prices of any of the travel arrangements shown on their website. Clients will be advised of the current price of the travel arrangement they wish to book before the contract is confirmed.
If your trip price changes because of movement in the relevant exchange rates, taxes or fees charged by someone else, including tourist or landing taxes, port or airport fees or the cost of transport fuel or other power sources, the Operator can charge you that increase or refund to you a decrease (less their administrative expenses) providing it doesn’t happen within 20 days before the start of your trip. If the Operator needs to do this, they will forward an amended invoice to you showing the changes made along with a detailed explanation.
The Operator will absorb any increase of 2% or less of your trip price, so they won’t pass on any increase below that level.
If the increase is more than 8% of the holiday price, you may cancel your trip within 14 days of the Operator telling you about the increase, and the Operator will refund your trip price.
Unless stated otherwise, the price of the travel arrangement includes each and all the parts described within the trip itinerary.
Not included in the travel arrangement price are international flights, travel insurance, excess baggage charges, tipping, and any food or drink or additional excursions or activities that are not confirmed as part of the trip arrangements. Additionally, any items or services purchased during a trip are not included in the cost of the travel arrangement unless expressly stated.
Payment
If the Client chooses not to pay in full at the time of booking, a non-refundable booking fee per person plus submission of the Operator’s online booking form is required to complete a booking. The Operator reserves the right to vary the booking fee as appropriate.
If a new client requests to join 30 days or less before the trip starts, they must pay the full amount to secure their booking.
Payment of the booking fee secures their place, although payment of the balance must be made within 10 days.
Booking fee payments can be transferred to another trip taking place within one calendar year, providing the Client gives the Operator 90 days or more notice before the trip start date. The Operator may shorten this requirement at their sole discretion, depending on the circumstances behind the request. The Operator reserves the right to charge an administration fee of £150 for any trip transfers.
An interim payment is required sixty (60) days before the departure date, and the balance is payable no later than thirty (30) days before departure.
Payments must be made by Bank Transfer or online by credit or debit card through the Operator’s website.
The Operator will email a notification/reminder of the final balance due date prior to the balance due date. If the final balance is not received by the due date and there is no valid reason as to why communicated to the Operator, the Operator reserves the right to treat the Client’s booking as cancelled.
Client Responsibilities
The Operator recommends that Clients always look at the Foreign Travel Advice section of the Foreign, Commonwealth & Development Office, where they can also check general visa, passport, health and safety information and other matters before booking.
The Client must have a valid passport required for entry, departure and travel to trip destinations (passport must be valid six (6) months past the return date), all visas, permits and certificates, including vaccination certificates (if required), insurance policies, etc. are necessary for the whole of the journey.
The Client accepts full responsibility for obtaining all such documents, visas and permits before the start of the trip and is solely responsible for any adverse consequences resulting from missing or defective documentation.
Any information or advice given by the Operator regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc., is purely advisory, provided as a courtesy to the Client, and the Operator is not responsible for any errors, omissions or changes as to the information provided by third parties such as the appropriate governmental authorities.
Entry to India does not require any vaccines; however, the normal courses or boosters advised are Diphtheria, Tetanus, Hepatitis A and Typhoid Fever. The Operator advises Clients to contact their local GP surgery as they should be able to arrange DTT (Diphtheria, Tetanus and Typhoid) free of charge.
The Operator also recommends that clients get vaccinated against Rabies as there are a few cheeky monkeys in the Ashram. That said, the Operator is not aware of anyone being bitten. Rabies is administered in 3 separate vaccines starting at least 21 days before travel.
Another vaccine to be considered is Hepatitis B.
The Client acknowledges they may be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those in their daily life. Whilst the trip guide will endeavour to provide the Client with as much local information as possible, the Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges, and laws in effect at the trip destinations.
The Client acknowledges that this is a group trip and agrees that they and their party will behave in an orderly and considerate manner, ensuring the enjoyment of everyone involved. If the Operator or any other person in authority believes that the Client’s behaviour or that of their party is causing distress, danger, or annoyance to others, or if there is damage to property or a delay or diversion in transportation, the Operator will notify the Client that any further incidents may result in termination of the booking without further liability.
In such cases, the Client and their party will be held responsible for any resulting damage or losses, with both joint and individual liability. The Operator requires prompt payment for any such costs directly before departure. Failure to do so will require the Client to cover any claims, including legal expenses, arising from their actions or the actions of their party. The Operator sincerely hopes for cooperation in maintaining a positive and highly enjoyable experience for everyone involved.
The Client acknowledges that while the group trip setting may encourage clients to share personal information, anything shared by another Client is done so confidentially and that they undertake not to pass on directly or indirectly any specific details about any client, which might be construed as personal or delicate.
The Client acknowledges that they may be sharing accommodation with another Client unknown to them before the Trip and should respect personal belongings and space accordingly.
Flights and Airfare
All trips do not include international airfare. The Operator strongly recommends that you wait until the trip is confirmed to run before booking airfare or making any non-refundable travel arrangements. Notification of proposed trips as being confirmed and open for bookings will be clearly announced on the India Calling website.
Please notify the Operator of your international flight information to enable airport pick-up and drop-off to be arranged sufficiently in advance. This information is to be provided by the Client to the Operator in the Trip Registration Form.
The internal flight arranged by the Operator has a 15kg baggage weight limit. This is likely to be less than for an international flight. Additional baggage allowance for the internal flight can be purchased through the Operator.
As there will be an opportunity for shopping as part of the trip, the Operator recommends that Clients reserve some of their return flight baggage allowance for any such purchases on their return trip to avoid excess baggage charges.
Insurance
The Operator highly recommends that clients purchase comprehensive travel insurance, including “cancel for any reason” coverage if available, to recover any possible lost funds. Before travelling, clients should examine the policy document for precise exclusions and maximum claim limits for stolen items. If clients plan to take valuables overseas, seeking coverage for them under their household insurance is advisable, which might be more convenient.
Clients must inform the Operator within 30 days of booking that an appropriate insurance policy is in place. They must also provide details of their insurers and the policy number to the Operator.
The Operator has Tour Operator Insurance; however, this will not cover Clients for anything personal where the Operator is not at fault.
Safety & Trip Enjoyment
The Operator takes Client safety and well-being very seriously. However, Clients are responsible for their own safety and may be requested to sign a liability waiver before departure. To avoid dangerous situations, you must obey any rules and regulations imposed by the Operator’s Trip Leaders and Local Guides and instructions given by them.
The Operator reserves the right to prohibit any Client from continuing on a trip with no right of refund if, in our opinion, that Client’s actions pose a threat to the safety of them, others, or the wildlife, or if that Client’s actions or behaviours are seriously jeopardising the enjoyment of the trip for others. The decision of the Operator’s Trip Leader or representative will always be final on all matters likely to affect the safety and well-being of the trip. All Clients must always strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and the Operator will not accept responsibility or liability for any Client who contravenes any laws or other regulations of any country visited.
Health & Fitness
When booking, the Client must advise the Operator of any allergies or food intolerances as requested in the Trip Registration Form. The Operator cannot guarantee that the food provided will be free from all allergens as they have no control over the production of meals but will advise those preparing the food accordingly.
The trips are suitable for individuals who are healthy and reasonably fit and should not pose excessive physical strain. If the Client, or anyone on whose behalf they are booking, has a medical or any other condition that could impact their own or others’ enjoyment of the trip, it is necessary to inform the Operator at the time of booking. If the Client’s health or fitness status changes between the booking date and the departure day, they must notify the Operator of these changes before the trip departure date.
If the Operator or any member of the Operator’s team believes that your health or safety is at risk or if you have failed to disclose to the Operator in writing any illness, injury or any previous or current medical or health condition/reason that could potentially impact on your ability to participate in the Operator services, this could result in the Operator’s refusal to allow you to participate in all / part of the services. In such a situation, your contract may be terminated by the Operator at the sole discretion of the Operator without refund or compensation.
Where bookings are made online, and upon receipt of the information provided in the Client’s Trip Registration Form, the Operator considers them ineligible to participate, the booking fee will be returned in full as soon as possible, but not more than 14 days after booking cancellation.
Trip Itinerary Changes
The Operator and its partners reserve the right to alter trip programmes, accommodation, and itineraries due to weather, road conditions or other unforeseen circumstances. These programme changes may be made at any time, prior to and during the trip, to assure the safety of Clients and Operator staff.
Photos, Video and Content Creation
During a trip, participants, guides, and professional photographers may take photos or videos. These images may be used in any of the Operator’s promotional materials, website, all social media platforms, etc., unless a Client specifically requests to the photographer or, in writing to the Operator, to blur their image such that it is unrecognisable. Otherwise, permission is granted to the Operator to perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
Cancellation Of a Trip by The Client
Any cancellation by a client must be made in writing (via email) and be acknowledged by the Operator in writing (via email).
Cancellation charges below will apply. These are calculated with reference to the date on which the Operator receives the Client’s Cancellation notice in writing.
The Operator incurs costs from the time a booking is made, and the Client agrees that if they cancel their booking, they will compensate the Operator for their losses and expenses, as per the table below. Cancellation charges increase the nearer the cancellation is made to the departure date as the Operator may not be able to resell the trip place without making significant price reductions or at all.
If the Client cancels their booking, and does not elect to transfer to a subsequent trip under the applicable trip transfer terms and conditions (see below), cancellation charges will be imposed as shown below:
OK – I see we refer to this in next section.
•Up to 60 days before departure – the Operator will retain the booking fee.
•59 – 31 days before departure – the Operator will retain the Booking fee and the interim payment
•Less than 30 days – the Operator will retain 100% of the total trip cost.
Cancellation Of a Trip by The Operator
The Operator reserves the right to cancel any trip for any reason but will not cancel a trip less than 30 days before the trip start date except for unforeseen circumstances outside the Operator’s control and rendering the trip unviable or unsafe.
When the Operator cancels a trip before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
•Transfer their deposit to another trip taking place within one calendar year, without the deduction of an Administration charge, or:
•Receive a full refund of all monies paid under the contract as soon as possible, but not more than 14 days after trip cancellation.
The Operator is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the trip cancellation, such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternate trip of a higher value than that originally booked, then the Client must pay the difference in price.
Where a significant element of the itinerary cannot be provided after departure, the Operator will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide suitable alternatives or the Client reasonably rejects any offered alternatives, the Operator will provide the Client with a refund of unused tour portions.
Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Operator’s control, the Operator will, in some circumstances, offer reasonable compensation. Significant alterations do not include substituting a transportation method, modification of itineraries, or change in accommodation or meal offerings.
Liability
Please note that the Operator arranges transport locally using minibuses, coaches, trains, buses, or rivercraft, as specified in the trip itinerary. The Operator assures the Client that competent sub-contractors are chosen to provide reasonable transport based on local conditions and other services related to the trip. The Operator will exercise proper care in selecting such suppliers. The Client understands and accepts that safety standards in the developing world may not be the same as in the UK, and safety features like seat belts may not always be available in all vehicles.
The Operator always strives to provide comfortable and interesting accommodation for its clients. However, clients need to understand and accept that safety standards in developing countries may differ from those in the UK, and fire escapes may not always be readily available. Should this be the case, the Operator will ensure that clients are aware of the location of exits and the applicable emergency evacuation procedures. The accommodation included in the Client’s booking is designated for use only by the individuals listed on the booking form. The Client will be held responsible for any costs associated with repairing or replacing lost, broken, or damaged items, including misplaced keys.
The Operator cannot be held responsible for issues with the travel services that are caused by the Client or anyone else in their group, a third party unrelated to the travel services that were unforeseeable or unavoidable, or unexpected circumstances considered extraordinary circumstances even if the Operator took reasonable precautions to prevent them.
It is the Client’s responsibility to keep secure all valuable items. Such items include but are not limited to Passports, Visas, travel documentation, money, credit and debit cards, jewellery and electronic goods. The Operator accepts no liability for loss or damage to such items for the duration of the trip.
The limitations set out in this clause do not limit or exclude the Operator’s liability for death or personal injury due to their negligence, liability of their fraud or any other liability of theirs which it is not permitted to limit or exclude as a matter of applicable law.
The Operator’s liability is limited to the price paid by the Client for the trip, except in cases of death, injury, or illness, where liability cannot be limited.
The Operator’s liability is also limited in accordance with or in an identical manner to:
•The contractual terms of the companies that provide the travel, and other services that make up the Operator’s package. These terms are incorporated into this booking, and
•Any relevant international convention, for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention about the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having the benefit of any limitation of the extent of the conditions under which compensation is to be paid under these or any conventions.
The Operator is responsible for the Client, according to the terms and conditions of the trip, from the moment they meet at the designated meeting point overseas, typically the airport in the city where the trip starts. The Operator is not responsible for any additional expenses the Client incurs in reaching the meeting point.
Complaints
If there is a problem during the trip/services, the Client must report it in the first instance to the Operator so that all efforts may be made to resolve the issue promptly & effectively. In the unlikely event that the problem cannot be resolved and the Client wishes to make a complaint, then the Client must notify the Operator in writing within seven (7) days of the end of the services/trip. Failure to provide notice of the complaint in accordance with the above will preclude the client from being entitled to take any further action against the Operator.
Data Protection Act
‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of personal data and the privacy of electronic communications, as amended, replaced, or updated from time to time.
All personal information that the Operator may collect (including, but not limited to, the Client’s name, postal address, email address and telephone number) will be collected, used, and held under the provisions of data protection legislation as defined above.
How the Operator collects, uses, and stores Clients’ personal information is set out in their privacy policy.
To make the Client’s internal travel arrangements, the Operator may be required to pass the Client’s details to companies and individuals outside the EC where less stringent data protection controls may exist.
The Operator will not pass on your details to third parties for any purpose unrelated to the trip.
Other Important Terms
If any part of this Agreement is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from this Agreement, which will otherwise remain in full force and effect.
The Client may not assign this Agreement or any rights or obligations under it without the Operator’s prior written consent.
The failure or delay by the Operator at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
A person not a party to the contract shall not have any rights to enforce its terms.
The Operator reserves the right to update or alter these terms and conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on the Operator’s website.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with English Law, and the parties agree to submit to the exclusive jurisdiction of the courts of England & Wales.