Terms and Conditions
In the terms and conditions set out in this document, the following terms shall, unless contrary to the context, have the meaning specified.
- "You means the person/s in whose name and/or whose behalf the Booking is made. Alternatively, the reference may be made in the third person as "Tour Participant"/ "They" / "Client" / "Them" / "His" / "Her".
- "We"/"Us"/"Company" “DO” means Diva Odysseys.
- "Contractor" / "Supplier" means supplier of any infrastructural facility and shall include hotel managements, airlines, caterers, restaurants, places of entertainment like theme parks, museums, art galleries etc shipping company, railway, ferry, cruise, coach who are to provide the services to the Client.
- "Tour Cost" means the tour cost mentioned in the Price Grid / brochures / online and other payments such as taxes, surcharges etc payable by the client to the Company
- "Brochure" means printed brochure, Website, itinerary, leaflets, booklet, Price Grid.
"Website" means www.divaodysseys.com and any other links/hyperlinks associated/hosted on it
"Web pages" means pages on the Website www.divaodysseys.com
Brochure / Website Information – Disclaimers
We take reasonable care in preparing the brochure, price grid, web pages and other documents and in describing the services therein. However, we are not liable for any typographical/printing errors. Furthermore, brochures may be printed several months in advance and the content may not always be fully updated. We therefore ask you to confirm the current information by contacting us. Please note that the itinerary may have changed. The products and services displayed may have changed. The photos of meals / sightseeing are for reference and may differ from the actual meals / sights. Distance between places and temperatures are approximate and can change depending on travel, road conditions and climatic changes
Booking terms and conditions
Please read the following terms and conditions carefully. These are the generic terms and conditions that apply across all tours, but please note each tour also has additional terms and conditions specific to the actual tour. For this reason, you will find each tour's specific terms and conditions on the actual tour booking page. Please read all carefully. This document outlines what Diva Odysseys (“DO”) agrees to provide when you register for a DO tour, and what you agree to do in return. You must not submit any booking unless you understand and agree with the following terms and conditions. Once payment is made for the booking, it is deemed that you have read, understood and accepted the terms and conditions for the booking and a binding contract shall come into existence. We advise you to ensure, before making a booking, that you have and / or you will be able to provide all the required documents and qualifications to enable you to apply for visa, foreign exchange etc. Please go through our web site and check from our staff to ascertain the required documentation. The Company reserves the right to decline to register any person/s for any tour or to cancel their registration without assigning any reason.
Deposit and balance of payment
To confirm a space on a DO tour, a non-refundable, interest-free deposit per person per tour will be payable at the time of booking along with the registration form. No registration is considered confirmed until the deposit is received by DO. Full and final payment is required either 60days before the start of the tour, or as designated in each tour. Failure to pay the full amount by the due date may result in a late payment fee and removal from the tour, at the sole discretion of DO. Returned cheques will incur a fee of Rs.500/- per instrument. For all deposits and tour payments, we offer various modes of payment including cheque, cash deposit directly to our business account or electronic payments including credit / debit cards, netbanking, RTGS & NEFT. [Late payment fee –Rs.5000/- per day per participant will be be charged beyond pay-by date.]
Please note that there is no contract between the Company and the tour participants until the Registration Form is signed and the Company has received the specified documents including duly signed User Agreement and T&C and non-refundable interest free booking amount. The full payment must be received in accordance with prescribed payment schedule. If not paid in accordance with the payment schedule the company reserves the right to cancel the booking with consequent forfeiture of booking amount and apply scale of cancellation charges as mentioned in the brochure.
In case one or more but not all tour participants/or authorized person named in the Registration Form sign the Registration Form, it shall be deemed that the signatories have been duly authorized by all such tour participants to sign on their behalf and accordingly it shall be deemed that all such tour participants have signed the booking documents.
You can register and book your tour/services online through our website. Our website provides the facility of making online booking and payment for tours and services. The online payment facility is provided through CC Avenues our online payment partners. However, we/or CC Avenues cannot give any guarantee or warranty with respect to the website booking/payment engine which could malfunction due to any reason including software or network errors. All modern protection technologies to ensure that information concerning you or your payments is kept secure and confidential have been incorporated.
In case one tour participant/or authorized person named in the Registration Form books the tour for the group online, it shall be deemed that the group has duly authorized him/her to do the booking accordingly, and it shall be deemed that each of the tour participants have read, understood and agree to abide and be bound by all the terms and a binding contract shall come into existence with each of the tour participants individually.
It is made clear that online booking shall not be effective until we receive from you the registration form duly completed, deposit amount, a signed hard copy of the Booking Terms and Conditions confirming that you have read, understood and accepted the Terms and Conditions, How to Book rules, Brochure, Itinerary, Price Grid, promotion booklet, Web pages Surcharges will apply when paying through our online portal and the same will be determined by transaction and card type. This will be advised at the time of booking.
We do not accept American Express or Diners or any International Credit Cards. Only cards issued in India by Indian Banks are accepted currently. If for any reason any travel service provider is unable to provide the services for which you have contracted, your remedy lies against that provider, and not against Diva Odysseys, or any associated entity. In the event that payment has been made to Diva Odysseys by credit card, you agree that you will not seek to approach the credit card bank to charge back your payment to Diva Odysseys.
All accommodation on twin share basis: boutique hotels or modern luxury hotels centrally located near main attractions in the city and resort hotels in the countryside. Specific hotels for each tour are listed on each tour's accommodation page. DO reserves the right to substitute accommodations of similar standard when necessary.
All transportation during included group activities as per itinerary: transportation between cities will be in vans or small buses, depending on the group size
All transfers between the airport and the hotel on arrival and between the hotel and the airport on departure on selected tours, please check the detailed itinerary to see if the airport transfer is included on the tour you selected. Airport transfers for early arrivals and late departures are not included;
Daily breakfasts, all meals as per itinerary, dinner and/or lunch at either the hotel restaurant or at a fine restaurant, lunch or picnic lunch, as per itinerary. One drink with lunch and dinner, alcoholic or non-alcoholic on most tours, please check the "What's Included" section on each tour's overview to see if drinks are included on a specific tour;
All included group activities and side excursions, as per itinerary;
All sightseeing, fees, and admissions, as per itinerary;
A full time DO tour escort, professional in-country guides, bi-lingual local guides in selected attractions.
All quoted prices include the cost of the tour operator planning, and operation
Prices will not include airfare, unless specifically mentioned.
Tour prices will not include: airfares and airport taxes (unless otherwise noted), other transportation to tour location, Airport transfers for early arrivals and late departures are not included, laundry charges, telephone calls, room service charges, mini-bar charges, all items of personal nature, travel, accident, baggage, health, or life insurance, tips for guides and drivers, private excursions, recreational activities not mentioned in the itinerary, optional activities, passport and/or visa when applicable. The tour price does not include beverages with meals unless specified, and any meals and sightseeing tours not specified. It is your responsibility to ensure settlement of any charges made by a hotel or provider of any service, for extra services ordered directly by you such as room service, mini bar, laundry, post, telephone charges, items of a personal nature or tips (hotels require validation of a credit card upon check in). Visa (if applicable), travel insurance and excess baggage fees are not included in our prices In the case of computer or human billing error we reserve the right to re-invoice Tour Participants with correct billing.
Additional expenses incurred as a result of delay, change of schedules, illness, weather, strikes, hostilities, quarantine, government requisition of hotel space, or any other reasons beyond the control of DO, shall be borne by the participant.
Please ensure that you read the inclusions & exclusions outlined with the relevant tour.
All prices quoted are in Indian Rupees. Current tour prices are listed on the page corresponding to each tour. In the event of a fluctuation in costs due to factors beyond our control including exchange rates, airfares, fuel surcharges, taxes and other land arrangement costs, Diva Odysseys reserves the right to adjust tour prices without notice at any time, accordingly. You are required to pay any such increase before departure.
Prices are inclusive of GST where applicable and are subject to change until full payment has been received and tickets issued. Airfare & tour prices can change without notice. Certain countries may charge an airport/departure tax or their own country/state tax. Some taxes will not be included in the price and are payable at the airport upon departure or direct at the point of purchase.
Changes to the itinerary
Every effort has been made to ensure accuracy of the tour. But tour itineraries are subject to change. DO constantly strives to improve itinerary and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itinerary and to substitute hotels. If we are forced to change your booking or part of it for reasons beyond our control such as Force Majeure events such as strikes, fairs, festivals, sport events, weather conditions, traffic problems, overbooking of hotels/flights, cancellation/ re-routing of flights or railway, closure of / restricted entry at a place of sightseeing, prior to or during actual travel, we bear no responsibility for this and reserve the right to vary your holiday itinerary and give you prompt notice thereof. Change in itinerary may also be required or necessitated on account of actions, inactions, defaults or condition of tour participants in the group. Due to airline's requirements the points of entry and exit in a country may change. We may operate more than one coach per departure date and may for convenience reverse the direction or amend the itinerary. At certain peak periods duplicate departures may operate, and sometimes in reverse order in which case hotels may vary from those stated on the itinerary pages. Trade fairs or other events occasionally cause changes from scheduled hotels. In these and in other cases substitute hotels may be used and will be of a similar standard and location whenever possible. On guided vacations that include cruises the ship may be changed due to operational reasons and ports of may be curtailed if weather conditions do not permit docking. Similarly, holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled highlight dinners, sightseeing or other activities. Due to unexpected circumstances, we reserve the right to cancel, change or substitute an activity or a service. During local or national holidays abroad, certain facilities such as museums, sightseeing tours, and shopping may be limited; in such instances, and whenever possible, slight itinerary changes may be made by DO to minimize inconvenience to our guests. Uncompleted portions of the tour itinerary are not cause for refund.
Cancellation charges and refunds
All cancellations must be sent in writing to Diva Odysseys and will be subject to the following cancellation charges from the date the written cancellation is received. Please state the reason for your cancellation as it may be recovered by your insurance policy. Claims must however be made direct to your insurance company.
The following cancellation charges shall apply irrespective of the reason for cancellation. You understand and acknowledge that these charges are a genuine pre-estimate of the damages that we will suffer on account of cancellation. You understand that these damages are called liquidated damages in legal language, which are payable without proof of actual damages. You agree not to dispute such deductions or to demand proof of actual damages.
The tour deposits are not refundable. However, for cancellations 60days or more before the beginning of the tour date, the entire amount minus administrative fee of 10% of deposit amount - may be applied to any other tour anytime in the future. Cancellations received within 60 days of departure will incur a loss of 100% of total tour cost. However, this could be recoverable through your travel insurance. No refund will be given for any pre-booked accommodation, coach tours or other pre-booked services or other travel which is not utilized. Participants who do not conform to the itinerary will not be entitled to refunds for any parts of the tour missed and no variations are allowed. No allowances or refunds will be made for lost or unused tickets or hotel coupons.
If you wish to cancel your booking, you need to inform us by any of the following methods, provided that such information should be given on a working day within working hours:
- By fax at 91 832 2461120 followed by a written communication to our registered office listed below OR
By email to email@example.com followed by a written communication to our registered office listed below OR
In writing on working days within working hours at the registered office of the Company:
5B/F1, Models Estate II
Caranzalem, Panaji, Goa,
India - 403002
If the Registration Forms have been signed by one or more persons for themselves and for others mentioned in the Registration Form, then the communication signed by such signatory/s would be treated as a valid communication for cancellation for all such persons mentioned in the form.
Cancellation shall take effect only from the time the written request reached the Company at its office in Goa on working days within office time at the details listed above. However, in the following cases you shall be deemed to have cancelled the tour even if no cancellation notice is issued by you:
- If you fail to pay the tour costs in time or if you commit any other default in relation to your booking, we may treat such failure or default as a cancellation of the booking by you. In such case, the cancellation charges shall be computed with reference to the date on which we issue you a notice of cancellation;
- If on your failure of payment or other default, no notice of cancellation is issued by us but your payment or default remains outstanding on the date of departure, the booking shall be deemed to have been cancelled by you without any advance notice, inviting the highest cancellation charge
Bookings made within 60 days of departure will only be accepted at the sole discretion of DO and if full payment is made at the time of confirmation. Late booking fees may also apply.
Extended stays and amendment fees
If you wish to amend or change your booking, you have to communicate your request to us in writing. Such requests for change or amendment will be accepted subject to availability. If you have arranged with us extra night accommodation at a destination before or after your guided vacation, please understand your stay will be at your sole expense as is the transfer from or to the airport. Regrettably, DO cannot provide free transfers to either the hotel or airport for passengers booking extra night accommodation before or after their guided vacation. Please also be aware that if your extra night hotel is not the hotel where your guided vacation begins, you will be responsible for your own transfer arrangements at your own expense. Additional transfers can be purchased from DO.
A fee of Rs.2500/- per amendment to confirmed bookings will be charged in addition to any charges levied by hotels, ground/cruise operators or airlines. If an amendment is requested within 60 days of the scheduled departure date, a fee of Rs.5000/-will be charged per amendment in addition to any charges levied by hotels, ground/cruise operators or airlines.
Transfer from one tour to another
A request in writing for transfer from one tour to another is possible 60days or more before the beginning of the tour date. In this case the entire amount minus administrative fee of 10% of deposit amount will be applied to the new tour. Transfer requests received within 60 days of departure will be treated as cancellations and incur a loss of 100% of total tour cost.
Travel insurance is not included in the tour price. However, it is a condition of joining all Diva Odysseys’ tours that participants take out full comprehensive travel insurance which will cover trip cancellation, foreign medical, flight delays and cancellations, medical evacuation, airline tickets, loss of luggage, trip delay or personal accident, etc for the duration of the trip.
DO assumes no liability for the safety of any Tour Participant while in transit or during the tour. Prior to participating in the travel activities, all Tour Participants will be required to sign a Medical Release and Release of Liability for DO. Do is not responsible or liable for loss, damage or theft of luggage or personal injury, accidents or illness while on tour nor is DO responsible for any type of trip interruption.
Cancellation / Amendment By DO
We reserve our right to amend or cancel a tour booked by you, without assigning any reason. Such amendment or cancellation may be due to circumstances beyond our control. Escorted tours are subject to a minimum number of participants as determined by us. If the minimum number of participants is not reached, the tour will be cancelled and you will be notified. If we reschedule, or re-price the tour, you will be intimated and given a choice to continue with the new dates and pricing. If however, this is not acceptable to you or you do not wish to travel with us; your entire payment will be refunded to you. Refund of payments constitutes full settlement, and releases DO from any further liability. You are strongly advised against making any flight arrangements until you have received confirmation the tour is proceeding. Any cancellation fees as a result of such arrangements will be your responsibility. DO is not responsible or liable to pay any compensation or damages or consequential loss or to refund any additional expenses incurred by tour members preparing for a canceled tour.
Passports and visas
All participants are required to have a valid passport with at least 6 months validity and a visa, if necessary. Passport and visa requirements are not our responsibility. We are not liable for any loss or expense due to a passenger's failure to have a valid passport or visa. We will advise procedures for obtaining a visa (if applicable) and provide assistance if required. For security reasons, airlines require your name exactly as it appears in your passport. Incomplete documentation will result in the airline and airport authorities refusing permission to enter the country. The Tour Organizers will not arrange for passports or visas and will not be held liable for any irregularities caused due to improper documentation. Each Tour Participant is responsible for determining specific passport and visa requirements in the Participant's country of origin and for obtaining the necessary documents prior to departure. It is suggested that all Participants check with the appropriate Consulate regarding their visa requirements.
Travel: Participants are responsible for their own travel arrangements to and from the tour location. Please note that some tours start and end in different cities and an "open jaw" air ticket is required. All DO destinations have several daily connections with other cities in Europe, the USA and Canada.
If you are travelling alone and wish to share a room, we will endeavor to match you with another single participant. We accept no responsibility for the suitability of the rooming partner. If at any time during the tour you consider the rooming partner to be unsuitable, we will arrange single accommodation (if available) the additional cost of which will be borne by you. . There will be no refunds for complaints about roommates, and if any Tour Participant cancels the tour because of a roommate, there will be no refunds. If we are unable to find a rooming partner prior to departure, you will be required to pay the applicable single supplement to undertake the tour.
Single supplements are available on a limited basis at additional cost. The actual cost of a single supplement for each tour is listed on the overview page for each tour.
Porterage for 1 suitcase per person on tour is included in the tour price. Baggage allowance is a maximum of 20 kilograms per person in economy; 30 kilograms per person in business and 40 kilograms in first. We recommend no more than 1 small suitcase (preferably with wheels) plus a large handbag per person (you can always shop locally for anything you need!). Excess baggage fees for international and any domestic flights will be your responsibility.
To increase your safety there are new rules for taking liquids, aerosols and gels on flights into and out of Australia. These new rules are needed to protect you from the threat of liquid explosives. Please ensure you read the Security Guide for Carry-on Baggage at International Airports. Due to a limited van/bus capacity, we request that only one bag per person be carried on vans. Baggage is carried at owner's risk and baggage insurance is strongly recommended
Whilst every effort is made to ensure hotel accommodation is on a twin share basis with private facilities, no responsibilities are accepted should the hotels change rooming arrangements. If by choice or circumstance a single room is required, the single supplement will apply. Requests for smoking /non smoking rooms will be passed onto hotels, but cannot be guaranteed. In heritage hotels, room size and layout can vary from room to room. You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation.
We will advise hotels of any special requests of Tour Participants, provided we receive the request at the time of booking. However, we cannot guarantee all requests.
Leaving the tour
The Tour Organizers reserve the right to accept, decline, or retain any person as a Tour Participant at the Tour at any time without liability and without any obligation to pay a refund or any other amount whatsoever. The Tour Organizers take no responsibility or liability for any Participant who leaves the Tour prior to its conclusion or for any activity undertaken by any Participant that is not included on the Tour itinerary. There will be no discounts or refunds for any Tour Participant who temporarily leaves the Tour and then returns to the Tour later.
DO tours may include a lot of walking, including walking on uneven surfaces, stairs, hiking, and standing while sightseeing. All Tour Participants should be prepared to walk at least three miles a day on uneven surfaces, including steps, during days on which excursions are scheduled. If you have any concerns regarding your physical ability to participate in the tour, we strongly recommend that you consult your physician before signing up for a trip. All participants warrant that they have the physical capacity to participate fully in the tour without any assistance from the tour escort or other participants. Any pre-existing physical, mental, or emotional disability must be reported in writing prior to the beginning of a tour. You are advised to check your travel insurance policy to make sure these issues are covered. We reserve the right to ask for a doctor's clearance if necessary. Tour Participants who require any form of assistance must be accompanied by a helper who is capable of and totally responsible for providing such assistance. The group's itinerary will not be adjusted for people who are not able to keep up with the rest of the group. All Tour Participants are required to complete and sign a Medical Release and Waiver Agreement. Diva Odysseys reserves the right to decline any person as a tour participant if it believes that it is not possible to guarantee the welfare of that person during the tour. A booking may be refused or cancelled after payment. It also reserves the right to remove from the tour any person whose conduct is deemed incompatible with the interests of the other passengers. In such event, Diva Odysseys and the tour escort are not liable for any direct or indirect costs, losses or expenses incurred by the participant.
Privacy of information
We try to maintain the privacy of the personal information provided by you. However, it would be necessary for us to share this information with Consulates, Embassies, Airlines, Hotels and other service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or where under any laws, rules or regulations, such disclosure becomes necessary.
You agree to let us photograph and / or videograph the tour and specifically you agree to let us photograph and / or videograph you in the course of the tour. You agree to let us publish such photographs / videographs through all media including print media, websites, letters, emails etc without any further consent. You also agree to let us track usage statistics. You agree and accept that all such photographs and / or videographs and statistics are our absolute property and we have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes. Further, you agree that if you share with us any photographs and / or videographs taken by you during the tour, we would be free to publish such photographs and / or videographs through all media including print media, websites, letters, emails etc You release DO and its representatives, subsidiaries and associates from any liability in connection with any such use of any such material.
Communications transmitted to your mailing address / email address on record shall be deemed to have been communicated to you even if returned as undeliverable for any reason. All communication from you to the Company has to be in writing, not orally. Where you book directly with us, we will address communications to you at your mailing address and/or e-mail address given in the Booking Form. Where you have booked through a travel agent, we will address communications to your travel agent, who made the booking on your behalf and the agent would be responsible for transmitting such communication to you. All monies paid to the travel agent shall not constitute payment to us unless deposited by your agent with the Company.
Additional Conditions Apply In Case Of Promotions / Offers / Schemes
Please note that in case of special offers, promotions or schemes, the terms and conditions of these offers, promotions or schemes will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion or scheme, you would not be entitled to receive the benefit under such offer, promotion or scheme.
We shall have the absolute right to withdraw any scheme or discount at any time after such scheme or discount is published
Right of refusal
DO at its sole discretion reserves the right to not to accept any registration request without assigning any reason whatsoever. Any contract to provide any service is not complete until full money towards the service is received from the participant and accepted by DO.
Without prejudice to the other remedies available to DO, .under this agreement, the ST or under applicable law, DO may limit the participant’s activity, or end the participant’s listing, warn other participants of the said participant’s actions, immediately temporarily/indefinitely suspend or terminate the participant’s registration, and/or refuse to provide the participant with access to the website if:
- The participant is in breach of this agreement, the ST and/or the documents it incorporates by reference;
- DO is unable to verify or authenticate any information provided by the participant ; or
- DO believes that the participant’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the participant , other participants and/or DO.
DO may at any time in its sole discretion reinstate suspended participant. Once the participant has been indefinitely suspended the participant shall not register or attempt to register with DO or use the website in any manner whatsoever until such time that the participant is reinstated by DO. Notwithstanding, the foregoing, if the participant breaches this agreement, the ST or the documents it incorporates by reference, the enterprise reserves the right to recover any amounts due and owing by the participant to the enterprise and/or the service provider and to take strict legal action as the enterprise deems necessary.
Right to cancellation by do in case of invalid information from user
The User expressly undertakes to provide to DO only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from DO.
In case DO discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, DO in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, DO shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies DO of any such claim or liability and shall not hold DO responsible for any loss or damage arising out of measures taken by DO for safeguarding its own interest and that of its genuine customers. This would also include DO denying/cancelling any bookings on account of suspected fraud transactions.
You are requested to familiarize yourself with any health requirements specific to the countries being visited. It is highly recommended that you get advice from a medical practitioner.
I am entirely responsible for my own personal safety, health, and mental, physical, emotional, and general well-being during and after the Tour. I release Diva Odysseys and its representatives and any of their employees, assistants, and affiliates of any liability for any injuries or damages mentally or physically I or any of my family members might incur during or after the Tour. I understand that no health insurance or travel insurance will be provided by the Tour Organizers, and, if I wish to be insured, I must do this myself.
Waiver of responsibility
Diva Odysseys acts as coordinator for all persons taking these tours in the making of all arrangements for transportation, sightseeing and hotel accommodation. These services are not provided by Diva Odysseys but by airlines, hoteliers, transportation companies and other service providers which are not under its control.
While we take all reasonable care to select such service providers, Diva Odysseys, its tour escort and associated agents accept no responsibility or liability whether in negligence or contract for any accident, injury, death, sickness, theft, damage, loss, cancellation, delay, failure to deliver or partial or inadequate delivery of services, disappointed expectation, irregularities , however caused, additional expenses or other unforeseen events caused in connection with those service providers, their employees, agents, servants or representatives.
DO and/or its tour escort and associated agents accept no responsibility or liability for:
- Injury, loss, or damage to persons or property, including luggage.
- Additional expenses resulting from changes in exchange rates, tariffs, or schedule.
- The act or default of any company or person or independent contractor, service provider or any other person engaged in conveying the tourist, or in carrying out the arrangements of the tour, or otherwise.
- Additional expenses incurred or due to sudden sickness, weather conditions, strikes, or other causes or acts of god.
- Losses due to cancellations.
- The liability of DO is restricted only to the making of all arrangements for transportation, sightseeing and hotel accommodation and acting as coordinator for all persons taking these tours and no further.
DO shall not be not be liable for any loss of person or property caused or damaged or suffered on account of deficiency in services by any independent contractor/service provider. Any gesture of courtesy extended by DO to minimize such loss or damage will not constitute an admission of such liability. DO shall in no circumstances whatsoever, be liable for any loss or expenses incurred due to:
- theft or any other reason whatsoever during the tour and the entire responsibility of taking care of your valuables rests with you,
- train/flight delays, on account of any reason whatsoever rescheduling/cancellation of train / flights / inter-connection meals not being served etc.
- any overstay expenses on account of any delay or changes in air, bus, ship, train or cancellation of special bogie on account of Force Majeure including weather conditions, strike, war, quarantine, or any other reason whatsoever,
- any Sightseeing missed and/or the program being curtailed after commencement of the tour and/or before the due period on account of Force Majeure including any unavoidable circumstances and any reason beyond company control including political, natural calamity, monument under renovation, VIP movement and security, heavy rush at sightseeing places, road traffic congestion etc.,
- any tour, holiday, excursion facility exceeding the total amount paid or agreed to be for the tour, including any consequential loss or additional expense whatsoever if you are not allowed to board the train/flight to on account certain reasons beyond the control of DO.
- any loss of baggage by independent contractor or their agents, hotel staff, bus/coach or during tour including damage or loss caused due to Force Majeure, negligence or technical fault or any other reason whatsoever on account of any change, amendment or cancellation in their schedule
- Allocation of seats, and food service in the aircraft.
- Any celebrity assigned for the tour as an entertainer not turning up on the tour due to the reasons beyond the control of DO.
- any personal injury, sickness, accident, loss, delay, discomfort, consequential loss and/or damage or any damage to baggage or personal effects howsoever caused;
- Death of a participant while on tour; and all applicable rules and procedures of law are to be followed strictly and all the procedures pertaining to the death will have to be tackled and handled by the deceased participant’s relatives themselves or any interested party at their own cost and consequences.
- Any injury, loss, personal harm, death or damage caused to any person or property by the act or default of the management / employees / agents of DO or any independent contractor/supplier.
- Any damages, additional expenses or any consequential losses suffered by the participant due to Cancellation, Amendment and or alteration of any of the services of the tour mentioned in the itinerary on the website/brochure/email by DO before/after the registration / booking by the participant.
Where the guest occupies a motor-coach seat fitted with a safety belt, neither the Operators nor their agents or co-operating organizations or service providers concerned will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such accident or incident. All coupons, vouchers, receipts and tickets issued by the airlines, hoteliers and transportation companies and other service providers are issued subject to the terms and conditions of liability contained in those documents, which may limit or exclude liability for death, personal injury, delay, and loss of or damage to baggage and are subject to the laws of the country where the services are provided. Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time passengers are not on board planes, transportation or conveyances.
Force majeure circumstances
There can be exceptional circumstances where the service providers like the airlines, hotels, may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc.
If DO is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by the respective service providers.
The participant agrees that DO acts as coordinator for all persons taking these and shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
We do not accept any liability caused directly or indirectly by force majeure or other events that are not due to our acts or omissions and are beyond our control, including but without limitation to war or threat of war, acts of God, embargo, acts of government, acts of terrorism, fire, strikes, civil disturbances, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of machinery or equipment, theft, or other disturbances of any kind which cancel, cause delay, inability in performance or nonperformance in whole or in part, interfere with, or add cost to the services requested.
While on tour there may be instances where you may wish to join the tour escort for activities in free time outside the tour program which may involve catching taxis or using public transport to shopping/dinner locations or other destinations chosen at the time. The tour escort and Diva Odysseys will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By signing the booking form, you agree to take part at your own risk. This waiver also covers participation in any "optional tours".
If you have any complaint about your trip, you must make it known at the earliest opportunity to the tour escort or national tour guide who will endeavor to resolve the issue at the time.
If at the end of the trip you feel your complaint has not been properly dealt with, you must notify DO in writing within 28 days of the end of your trip to enable DO to take up the matter. If you fail to do this, you will be deemed to have acknowledged and accepted the services of DO in full satisfaction and you shall be deemed to have no grievance or complaint in that regard. No claim notified to the Company outside this period will be entertained and the Company shall incur no liability whatsoever in respect thereof.
You should communicate the grievance and adopt any of the following procedures provided that such communication should be made on a working day within working hours::
- By fax at 91 832 2461120 followed by a written communication to our registered office listed below OR
By email to firstname.lastname@example.org followed by a written communication to our registered office listed below OR
In writing on working days within working hours at the registered office of the Company:
5B/F1, Models Estate II
Caranzalem, Panaji, Goa,
India - 403002
Arbitration and governing law
All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute cannot be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Goa, India. The decision of the arbitral tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, courts in Goa alone shall have exclusive jurisdiction.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Diva Odysseys as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Diva Odysseys shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Diva Odysseys in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Comments and suggestions
If you have any questions or suggestions please feel free to write to us at our Registered Office as listed above or email us at email@example.com
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures
Valid through December 31, 2014.