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Standard Booking Conditions - India

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Updated on 01 Jan 2025

These Terms and Conditions ("Terms") govern your use of our website, mobile application ("App"), and the booking of tours and travel-related services provided by Active Holiday Company (“the Company”).

By accessing our website or App, or booking a tour, you agree to these Terms. If you do not agree, please do not use our services.

Definitions

  • "Company/We/Our/Us" refers to Active Marathon Holidays Private Limited, a company registered under Indian law that owns & operates tours under the brand name of Active Holiday Company.
  • "User/Client/You/Your"refers to any individual using our website, App, or services.
  • "Services" include travel packages, bookings, and related services provided by the Company.

Part A: Website and App Usage Terms

Website and App Usage

Permitted Use:

  • Users may use the website and App for browsing, booking tours, and managing their bookings.

Prohibited Activities:

  • Misusing the platform by hacking, spamming, or gaining unauthorized access is strictly prohibited.

Intellectual Property:

  • All content, including text, images, and software, is the exclusive property of the Company. Users may not reproduce or use it in part or whole, without prior written consent (refer Section 15.2).

Accuracy:

  • The information provided on the website and App is accurate and updated to the best of our knowledge. However, itineraries are prepared months in advance and changes beyond our control and knowledge can occur. We take no responsibility for inaccuracies in the information provided. You agree to use information as it is provided on the website & App at your own risk.

Privacy and Data Collection

Privacy Policy:

  • Personal data is collected, used, and stored as per our Privacy Policy, in compliance with Indian laws.

Data Security:

  • The Company takes all reasonable measures to protect user data but cannot guarantee complete security against cyber threats

App-Specific Terms

Authorized Downloads:
  • The App must be downloaded only from authorized platforms (Google Play Store, Apple App Store).
Updates:
  • In order to access full functionality, users must use the latest version of the App

Part B: Tour Booking and Operations Terms

Tour Price:

Prices Per Person:

  • Prices are charged per person, not per room. Each individual traveller must be booked and paid for, even if you book a single room for exclusive use and have space to accommodate a companion.
  • The company reserves the right to collect payments during the tour for any additional participants not booked and paid for in advance.

Inclusions:

  • Prices cover land costs only and do not include airfare, insurance, visa, passport and (Indian) Service Tax / GST, TCS, convenience fees etc.
  • Event entry may or may not be part of the trip price. Refer to the inclusions on the tour page for exact details. For marathons, booking race entry without travel services is not permitted.

Validity:

  • Prices are valid only for the specified dates and period. Changes to the itinerary or group size may impact the cost.
  • Prices are based on costs, local taxes, and exchange rates at the time of publishing and may change without prior notice until the tour has been paid for in full.

Changes in Prices:

  • Once the full payment is made, you are protected against price fluctuations up to 10% of the tour cost.
  • If cost increase exceeds 10%, the additional cost will be passed on to the client, with the option to cancel within 7 days for a full refund.

Discounts and Promotions:

  • The Company may introduce or withdraw promotions or discounts at its discretion.
  • Discounts apply only to new bookings; bookings with a paid deposit are not eligible for reduced pricing.
  • You may cancel an existing booking to rebook with new discounts, however, the cancelled booking will attract cancellation charges as per cancellation policy.

Booking Process:

Confirmation:

  • Bookings are confirmed only upon receipt of the non-refundable deposit (see Section 8); and our acknowledgment of receipt via email or a confirmation invoice. Please do not make non-refundable or non-changeable arrangements until you receive a confirmation.
  • We reserve the right to refuse services to any traveller for any reason whatsoever, at any time before or during the trip.

Client Information:

  • It is your responsibility to provide accurate details for travel, including passport, insurance, contact details and other information needed to process the booking.
  • For tax compliance purposes, we require each traveller’s passport, PAN & Aadhaar Card.
  • In the case of tours where event registration is included, we require personal details, other specific information, and waiver forms to manage registrations on your behalf. These must be provided as per the set deadline. Failure to provide information by the deadline will result in the cancellation of your booking and no refund will be provided. Some cycling and running events may require medical certificates / waivers, the cost of these must be borne by you.

Deposits and Payments

Deposits:

  • A non-refundable deposit is required to confirm your booking. The exact amount payable depends on the tour you are booking. The relevant tour page and your email confirmation will clearly state the non-refundable deposit applicable to your booking.
  • Event entry costs are non-refundable. Deposits for tours that include event entry are not transferable from one event to another. Unless a specifically permitted by a particular race, marathon entries are not transferable from one runner to another or from one year to the next.
  • Indian residents must make all payments in in Indian Rupees as per RBI regulations.

Final Payment:

  • Full payment must be made at least 100 days before the departure date. For bookings made within 100 days of departure, full payment must be made at the time of booking.
  • For certain tours, final payments may be due earlier than 100 days. For such tours, the tour page will state the final payment date.
  • Failure to make the final payment by the due date will result in the cancellation of your booking and the non-refundable deposit will be treated as a cancellation fee. We do not follow up for final payments, it is your responsibility to pay the balance amount on or before the due date.
  • In the case of non-payment of dues, advances held for future tours will be applied to the upcoming tour, for which payment has not been made.
  • Payments are considered to be received on the date they are credited to the Company’s account.

Race Registration Links:

  • If you have booked a tour with race entry included, the link to register for the race will be provided only after the final payment has been made.

Platform Fee:

  • For all payments made digitally via UPI or by credit card, a platform fee of 3% will be charged in addition to the tour price. Only direct payments made into the company’s bank account from India do not attract a Platform Fee. In the event of a wire transfer made from overseas, the bank fees is additional to the tour price.

Tax Compliance:

  • GST: Applicable GST (currently 5%) will be added to the package cost.
  • TCS:Tax Collected at Source (TCS) for International Tours as per Indian law, ranging from 5% to 20% as applicable to you, will be charged and reflected in your invoice. Form 26AS to claim TCS when filing for Income Tax Returns will be in the name on the PAN Card submitted, irrespective of the source of payment. It is imperative that you submit the right PAN Card to claim TCS while filing your ITR, as we will not make changes to your Form 26AS once TCS has been applied. TCS is not refundable in case of cancellation and you will need to claim it in your ITR. It is mandatory for all travellers to submit the TCS Waiver Form within the time frame provided to you.
  • TDS (Applies to Corporates / Individuals with TAN): TCS is not applicable to Corporates and individuals with TAN, as TDS rules apply in such cases. It is your responsibility to appraise us at the time of booking the trip and submit the applicable TAN copy within 24 hours of creating your booking. Further, in compliance of TDS rules, you must ensure that TDS is paid in the name of Active Marathon Holidays Private Limited (GSTN 29AAECT2106P1Z1) and TDS Certificate provided to us in a timely manner.

Cancellation and Refund Policy

Cancellation by Client:

  • The exact cancellation policy applicable to your tour is detailed on the tour page on the website.
  • Cancellations must be sent via email to info@activeholidaycompany.com from the email address of the trip participant who made the booking & must include the booking reference.
  • The date of cancellation will be the date on which it is received and acknowledged by us and cancellation fees will be determined based on this date.
  • There are no exceptions or waivers to cancellation charges irrespective of the reason for cancellation. We therefore recommend insurance coverage including trip cancellation & trip curtailment to protect against tour cancellation charges.
  • There is no refund for arriving late or leaving a trip early. Single room supplements, extra nights, and companion costs are considered part of the total trip cost and are subject to cancellation fees. Percentage charges are calculated on total trip cost. All other costs must be paid in actual.
  • Standard Cancellation Policy:
    Earlier than 90 days - Non-refundable deposit
    90-45 days prior to commencement of services: 50% of total price
    45-15 days prior to commencement of services: 75% of total price
    15 days or fewer prior to commencement of services: 100% of total price
  • The above cancellation charges & timelines are applicable only to trips where the website conditions for the trip does not specify any other condition or cancellation policy.
  • Cancellation policy for special departures may differ. The details are specified on the itinerary pages of applicable trips.
  • Refunds (excluding the non-refundable deposit), when applicable, will be made directly to your bank account (and not to your credit / debit card) within 7 working days, after we have received your bank details

Cancellation for non-payment:

  • If your trip dues are not paid for by the required date, we reserve the right to cancel your reservation as per the cancellation charges applicable to your tour.

Cancellation by us:

  • We reserve the right to cancel or reschedule any trip, for any reason, including inadequate participants. Except in the case of force majeure or unforeseen circumstances, cancellations will be made no less than 30 days before departure.
  • Participants will be notified in writing with an alternate date of departure or an alternate tour. The difference in cost, if applicable, will have to be borne by you. If no alternate trip option suits you, you will receive a refund of all dues paid towards the trip
  • The Company will, under no circumstances, assume responsibility for any additional costs, such as credit card charges at the time of paying, any fees relating to the trip, or any travel arrangements including but not limited to flight cancellation, rail, visas costs etc., not made through us.
  • The company reserves the right to decide which cancellation situations deserve compensation and the value of such compensation.

Force Majeure:

  • In case of events beyond our control (natural disasters, pandemics, etc.), refunds or rescheduling will depend on supplier policies and options available to us in the moment.

Amendments and Changes

Client Changes:

  • Name changes and substitutions are permitted at no cost up to 45 days before travel, as long as event entry was not included in your booking.
  • Within 45 days of travel, each change will attract an administrative charge of INR 1500 per change.
  • Name substitution and change of date is not permitted if you have booked a tour with an event entry included.
  • Adding companions to your reservation is subject to availability at the time of booking. Adding additional travellers later can mean that we do not have the space to accommodate your booking or that the price applicable is higher.
  • Any changes to bookings, if permitted, are subject to availability and additional fees.

Company Changes:

  • The Company reserves the right to modify itineraries due to unforeseen circumstances, offering suitable alternatives where possible. You will be notified of planned changes to the itinerary prior to departure. Changes may, however, also take place at short notice while on the tour.
  • We reserve the right to pass on any additional expenses or losses caused by delays or events beyond our control to trip participants.
  • The Company is not liable for any loss arising as a consequence of trip curtailment, alteration, extension or cancellation on account of reasons beyond its control and due to unforeseen reasons.
  • Users are not entitled to make a claim for losses arising as a consequence of cancellation or curtailment in these circumstances in any event, the maximum liability of the Company in such a situation will be limited to the trip cost.

Travel Documents and Insurance

Passports:

  • You must possess a passport with a validity exceeding six months from the end date of your journey.
  • Your passport must have sufficient blank pages for visa and immigration stamps

Visas & Health Documents:

  • You are responsible for obtaining visas along with any other required documentation applicable for entry into your trip destination, and for meeting all health and other requirements and any documents required by the countries that are included in your trip. .
  • You are required to apply for your own visa. It is your responsibility to provide all the required documents for processing the visa in a timely manner. The Company is not liable if the consulate, for any reason whatsoever, rejects the visa application – whether it has been submitted by you or us, on your behalf.
  • The Company is not responsible if you are denied entry to a country for non-compliance with visa requirements or for any other reason.
  • The standard cancellation policy applies in case you have to cancel your trip on account of visa rejection.
  • Visa charges, if paid to us, are non-refundable.

Trip Information and Packing Lists:

  • Packing lists given by us are purely advisory and we are not responsible for errors or omissions.
  • All travel documents including vouchers, travel certificates, and invoices are sent via email once the full payment is received, approximately 2 to 3 weeks before departure.
  • Daily itineraries and emergency contacts will be available on our App. Access to your trip on the App will become available only after full payment has been made.
  • Please ensure that you check the most updated trip information at least 72 hours prior to departure to appraise yourself of any updated changes after the travel documents were mailed to you.

Travel Insurance:

  • It is mandatory to have a comprehensive insurance policy cover for cancellation, medical expenses, personal accident, injury, death, medical expenses, loss/damage of personal baggage and money, and public liability on all trips.
  • Proof of insurance must be submitted in order to receive your travel documents.

Part C: General Terms and Conditions

Client Responsibilities

Behaviour:

  • Clients must act responsibly when on tour. All travellers are required to behave in a manner that is acceptable and conducive to group travel. The Company reserves the right to remove disruptive individuals without refund.
  • Punctuality is imperative on our trips and we are not liable for any losses for missed services that are a result of your late arrival.
  • We reserve the right to remove any participant causing distress, annoyance or danger to co-travellers, or who may damage the property of our suppliers, without assigning any reason whatsoever. No refund for unused services is possible in such cases.

Authority:

  • The final authority on all group tours is the Trip Leader assigned by the Company. By joining our tours, you agree to abide by the authority of the Trip Leader.
  • The decision of the Trip Leader is binding on all participants on matters that affect the safety or well-being of any person participating in the trip.
  • You are solely responsible for complying with the all the laws (including traffic and drug regulations) and foreign exchange, of all countries you will be visiting.
  • You agree to follow our Responsible Travel Guidelines.
  • Behaviour that causes danger, distress or annoyance to others, or interferes with the mobility of the group can result in the Trip Leader terminating your participation in the trip, with no right to refund for missed or unused services.

Personal Responsibilities:

  • You are responsible for verifying the correct dates mentioned on the travel documents and you are responsible for your personal health being adequate to meet the physical demands of the trip.

Limitation of Liability

Company Responsibility:

  • Services offered to you are limited only to the those included in your booking confirmation/invoice.
  • We accept no liability or responsibility for any damage, loss, injury, accident, death, delay, breakdown or irregularity, which may occur while carrying out the tour arrangements, when such an incident is not the fault of the Company or anyone acting on its behalf. These include reasons attributable to the client or to any third party, or unforeseeable or unavoidable circumstances.
  • In the event of a traveller falling ill or suffering any accident or injury while on the tour, all hospital expenses, doctor fees, repatriation expenses, any other charges incurred as a direct or indirect result of your illness/accident are your responsibility.
  • We reserve the right to claim any additional expenses incurred due to delays or changes in train, airplane, bus, ship or other service, weather conditions, strikes, war, quarantine, or any other cause, and all such expenses must be borne by the client.
  • You expressly agree to indemnify the Company against all third-party claims, actions, damages and remedies which may be brought against us by anyone in respect of your participation in the tour. You agree that you will not hold the Company, its agents, employees and representatives liable for any accident, injury, costs, property damage, theft or personal loss.
  • Our lability under all circumstances will always be limited to a maximum of the cost of the booked package.

Terms and Conditions of Event Organisers

  • If you have booked a tour including race / event entry, the event’s terms and conditions apply, from the time you sign up for the tour and you explicitly accept these conditions.
  • Event organisers reserve the right to change arrangements without prior notice. In case of cancellation/postponement of an event, their policy on refund or deferment will be applicable. The Company is not responsible for any loss (hotel cancellation, registration fees, flight costs) or inconvenience on account of such a situation.

Third-Party Providers:

  • We have taken every reasonable step to ensure that the trip meets the required standard. We have carefully selected our service providers and ensured that service descriptions are accurate. However, we only select and inspect these providers and have no control in their management and running, and therefore, we cannot be held liable for injury, damage, loss, accident, delay or irregularity which may be arise (directly or indirectly) through acts or deficiencies of suppliers engaged in delivering a specific service.
  • We are only travel organizers. We do not control or operate any airline, hotel company, restaurant, attraction, events, cruises, buses, transport, or any other facility or service mentioned in our itineraries. Your contract for such services is with the supplier or service/tour operator of that activity and is subject to their limitations of liability and the laws and regulations of the country they operate in. We are not responsible or liable for any deficiency for any act or omission or deficiency in the service of these suppliers and operators or their employees or agents or any other person(s) connected with them.

Governing Law and Dispute Resolution

Governing Laws:

  • All terms and conditions stated herein are governed by the laws of the Republic of India. All online bookings are deemed to be booked in India and are subject to Indian law and jurisdiction. Any disputes, claims and actions against the Company must be submitted under the jurisdiction of the courts at Bangalore only.
  • These terms and conditions are subject to alteration and updates at any time and the latest version may be found on Active Holiday Company website www.ActiveHolidayCompany.com. You explicitly agree that you have read and accepted the terms and conditions set herein and are bound by them under Indian Law.
  • We reserve the right to remove any participant causing distress, annoyance or danger to co-travellers, or who may damage the property of our suppliers, without assigning any reason whatsoever. No refund for unused services is possible in such cases.

Proprietary Laws & Images:

  • Content, including pictures, descriptions, information, design elements and other graphics on our website are protected by proprietary laws including but not limited to copyright, trademark, patents, intellectual property etc. The website may also include third party content that is owned by the third party in a similar manner.
  • You are not allowed to copy, change, claim, display or reuse in any manner, any parts of any content belonging to the Company or related third parties without prior written permission.
  • The Company reserves the right to take photographs of you during any trip and to use them for promotional purposes. By booking a trip with us, you automatically grant us royalty-free, perpetual, worldwide and irrevocable license to use your image, in photographs and videos, that may be used for promotional material, website, social media, collateral and any other marketing and publicity materials. Should you have any reservations about your image being used, please inform us at the time of booking your trip.
  • Pictures used on the website and collateral are meant for marketing purposes. These do not imply the inclusion of the pictorial content to be a part of your trip or any guarantee that you will experience, encounter or view what is depicted through the pictures.

Dispute Resolution:
In case of any dispute between you and the Company directly or indirectly relating to any terms and conditions set herein, the Company shall endeavour to amicably settle and resolve the dispute / difference arising out of or in relation to this contract, failing which, either party may refer such dispute to arbitration, which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and the Rules hereunder.

  • The venue of arbitration shall be Bangalore and arbitration shall be conducted in English.
  • The decision of the arbitrator shall be final, binding and non-appealable except in case of manifest error. Judgment upon the award may be rendered in competent courts in Bangalore, or any application may be made to such courts for judicial acceptance of the award and an order of enforcement, as the case may be.
  • In those instances where the dispute or difference referred to arbitration relates to or involves any matter or thing in respect of which the decision, opinion or determination of the Company is final and binding on parties in terms of the contract, such decision, opinion and / or determination as the case may be, shall be final, binding, and not subject to arbitration.
  • The arbitration award shall be binding and enforceable, and the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees.

Changes to Terms

The Company reserves the right to modify these Terms at any time. Continued use of our website, App, or services constitutes acceptance of the revised Terms.

Registered Address: #55, 17th Cross, Malleswaram, Bangalore 560055