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Terms and Conditions

We at Blue Duck Holidays pride ourselves in having earned your trust for organising your tour. We are eager to ensure that you have a wonderful experience when you see the world with us. For this, it is necessary that both of us understand and agree to certain rules. This document provides a clear picture of our expectations from each other, and should be read and agreed to by all persons who wish to avail services from Blue Duck Holidays. Please read this document carefully. If you need any clarifications, please let us know – we are happy to help. Please sign this Agreement after you completely understand all the rules written below.

THIS AGREEMENT IS BETWEEN YOU AND BLUE DUCK HOLIDAYS.

1. ABOUT BLUE DUCK HOLIDAYS

1.1. Blue Duck Holidays (also called “Blue Duck” in this Agreement) is a partnership firm having its business address Mumbai, India. Blue Duck is represented in this Agreement by its authorised signatory.

2. ABOUT YOU

2.1. You desire to engage Blue Duck for availing certain services (“Travel Services”) concerning your upcoming tour.
2.2. Blue Duck has agreed to provide you with the Travel Services on the payment of the Tour Cost and as per the terms and conditions listed in this Agreement.

3. STANDARD TERMS AND CONDITIONS

3.1. All airfares, rates and rooms are subject to availability at the time of confirmed booking. Bookings shall be confirmed only on receipt by Blue Duck of the Tour Cost in full. Rate of exchange of foreign currency shall be as applicable on the day of receipt by Blue Duck.
3.2. Fulfillment of your special requests (such as allocation of specific rooms, king size or double bed, early check-in, late check-out, non-smoking room, etc.) is solely at the discretion of each hotel. Blue Duck will attempt to accommodate your special requests, but it cannot guarantee that your requests will be accommodated. Attending to special requests may attract additional charges by the hotel involved which, if applicable, will have to be borne by you. Such charges will be in addition to the Tour Cost.
3.3. The quoted Tour Cost is based on the Travel Services listed in this Agreement. Any changes to or deviation from the schedule shall result in a revision in the Tour Cost.
3.4. Special offers, if any, are subject to availability at the time of booking. Blue Duck may revoke or revise an offer at any time prior to its acceptance, without any prior notice.
3.5. Blue Duck reserves the right to alter, amend, change or modify the Travel Services and itineraries before or during the tour due to reasons beyond its control (such as weather conditions, traffic problems, overbooking of hotels, closure of or restricted entry at a place of sightseeing, etc.) The tour manager will make reasonable efforts to notify you promptly of such changes. Additional charges, if any, due to such changes etc. over and above the Tour Cost have to be paid by you before or on tour itself. You accept that Blue Duck will not entertain any grievance, during or after the tour, regarding any change or charge which Blue Duck may so apply.
3.6. While Blue Duck will take due care to process meal requests, it cannot guarantee a special diet, as meals are supplied by an independent service provider. For this reason, it cannot guarantee the quality or quantity of the food and cannot assure special meals, special timings or extra halts for infants, children, or passengers with diabetes, cholesterol, high blood pressure or any other condition. Blue Duck or its associates may, under certain circumstances and at their discretion, pay you a meal allowance to enable you to have a meal of your own choice.
3.7. Blue Duck is merely a travel and holiday organizer. It does not own, operate, or control any airline, shipping company, coach or coach company, hotel, transport, restaurant, kitchen caravan or any other facility or provider that is engaged to provide services during the course of your tour. You will be required to adhere to the conditions, rules and regulations of each service provider. If you cause any injury or damage affecting any service provider, then you may be liable to such service provider. If such service provider recovers any monies from Blue Duck for such injury or damages, Blue Duck shall separately charge you for the same and you shall pay the amount so charged to Blue Duck without demur. Blue Duck may recover such charge from the you in the manner in which it deems fit, including by cancelling a part of the tour or cancelling a part of the Travel Services without refund of the Tour Cost.

4. YOUR OBLIGATIONS

4.1. You will register with the representative of Blue Duck at the appointed date, place and time for departure and will be treated as a no-show if you fail to do so.
4.2. In order to have a smooth and pleasant tour, you agree that you shall, at all time during the tour, follow the advice and instructions of the Tour Operator.
4.3. You will be punctual and adhere to the time-lines of the tour. Blue Duck shall not be liable to pay a refund or compensation for any change in itinerary or for missing any service or facility due to your unpunctuality.
4.4. If you disturb the decorum of the tour, Blue Duck may require you to terminate the tour. In such an event, no refund or compensation will be paid to you and you will have to bear and pay the expenses for your return travel.
4.5. For overseas trips, you are solely responsible for knowing the rules for entering the countries you want to visit. You should ensure that your passport is valid for at least 6 months beyond the period of the intended tour. If you cannot make the tour due to issues with your visa, passport, insurance, vaccination, travel documents etc., cancellation charges as stated will apply.
4.6. You are solely responsible for complying with the local laws, particularly laws concerning import and export duties, taxes, fines, and penalties, unacceptable behaviour and trafficking of any kind of contraband. Blue Duck shall not be in a position or liable to assist you in case of a violation of any law by you.

5. LIMITATION OF BLUE DUCK’S LIABILITY

5.1. You have the risk and responsibility of your person and belongings at all times during the tour. In general, you shall not be entitled to make any claim against Blue Duck for any injury, loss of life, loss of articles, loss of luggage, loss of travel documents (including passport, tickets, and any other document), irrespective of the cause of such loss (theft, robbery, misplacement, your failure to take due care, etcetera).
5.2. Blue Duck’s tours are suitable for persons of reasonable fitness. They may not suit persons who are medically infirm or who have special needs or requirements whether due to age, medical conditions or otherwise.
5.3. If you forget to carry or lose essential travel documents such as passport, visa, tickets etc., you may be compelled to curtail the tour and may have to incur extra expenses, for which you alone shall be responsible.
5.4. Blue Duck works with third parties to provide Travel Services. Blue Duck is not an agency of or a principal of any third-party. Blue Duck shall not be liable for any untoward incident, delay, discomfort, damage, loss, disability or fatality caused to you and/or to your possessions due to action or omission of any third-party, including negligence by such third-party to maintain a minimum level of care as may be required by law.
5.5. Blue Duck shall not be responsible to compensate you for any adverse circumstances arising out of calamities – natural or otherwise (such as flight schedule changes, strikes, breakdown of facilities, accidents, etc.) Any additional cost arising on the above will be advised to and shall be borne by you.
5.6. Notwithstanding anything otherwise stated, Blue Duck’s maximum financial liability in all cases shall be limited to INR 5,000 (Rupees Five Thousand). You confirm that this amount is adequate and reasonable and agree not to dispute the sufficiency of this amount in the future.

6. AMENDMENTS, CANCELLATIONS AND REFUNDS

6.1. To amend or cancel a booking, Blue Duck should be informed on a working day within working hours by email from the email address registered with it, or by a letter addressed to it and signed by you.
6.2. Requests for amendments will be accepted subject to availability. An amended booking will be regarded as a new booking; an amendment fee of INR 1000 is payable in case of every amendment; and in case the amendment is carried out within the cancellation period, then a cancellation charge shall apply as if a cancellation was made on the date the request for amendment is made. Please see the details of cancellation charge below.
6.3. Blue Duck will offer credit, or at its sole discretion, a refund, for bookings cancelled in advance. All applications for cancellations shall be subject to a cancellation charge, detailed in Annexure 2.
6.4. In case of credit, Blue Duck will credit the net amount due to you after applying the cancellation charge, if any. This credit can be used by you for availing any of Blue Duck’s services within a period of 12 months from the date of such credit.In case of refund, Blue Duck will credit the net amount due to you after applying the cancellation charge, if any, by way of cheque or bank transfer. The refund will be made to the account(s) from which the booking amounts were received.
6.5. There shall be no refund or compensation for no shows and for unutilized services. This general rule applies to all kinds of non-utilization or underutilization of Travel Services, whether of the whole or part of the tour and whether as a matter of choice, or caused by your fault or compelled by circumstances such as ill-health, weather, etc.
6.6. The Tour Cost has to be paid by you as per the Terms of Payment listed in Annexure 1. In case any of the Terms of Payment is not adhered to, Blue Duck may forfeit the amounts already paid and cancel the tour without any prior notice or reminder.

7. OTHER TERMS

7.1. Unless specified otherwise, government taxes shall be applicable in addition to the other charges mentioned in this Agreement.
7.2. The contents of this Agreement are final and override any other communication on the subject among Blue Duck and you.
7.3. You agree to let Blue Duck photograph and video record them during the tour. You agree to let Blue Duck publish such photographs and videos through all various media including print media, websites, letters, emails etc. All such photographs and videos shall be Blue Duck’s absolute property and it will have the unrestricted right to use them for any legitimate purposes including advertisement and commercial purposes. Further, if you share any photographs and videos taken during the tour with Blue Duck, Blue Duck would have a perpetual, royalty-free and non-exclusive license to use and to publish such photographs and videos through all media including print media, websites, letters, emails etc.
7.4. For the sake of convenience, any document required to be signed by you (including this Agreement) may be signed by any person authorised by you in writing. In such a case, it shall be reasonable for Blue Duck to assume that such other person is duly authorized by you, without making any further enquiries or requiring further proof. Every document signed by such other person shall be considered to have been signed by you with full and complete knowledge of the contents of such document.
7.5. Annexures to this Agreement form an integral part of this Agreement.
7.6. All communication from you to Blue Duck has to be in writing, not oral. Communications transmitted to your mailing address or email address on record shall be deemed to have been communicated, even if returned undeliverable.
7.7. In the event of a dispute arising out of or relating to this Agreement, the parties shall first seek settlement of the dispute by mediation. A mediator shall be appointed by Blue Duck. If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute may be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole Arbitrator to be appointed by Blue Duck. The Arbitration proceedings will be conducted in English, in Mumbai. The arbitrator’s decision shall be final and binding on both parties.
7.8. As to the interpretation of the aforesaid terms and conditions, the decision of Blue Duck shall be final and binding.
7.9. Blue Duck reserves its right to change the terms of this Agreement any time without any prior notice and without assigning any reasons.
7.10. This Agreement is governed by the laws of Maharashtra and the Republic of India. Courts in Mumbai have exclusive jurisdiction on matters concerning this Agreement.

By accepting this Agreement you hereby confirm that you have read and accepted the terms listed herein.

ANNEXURE 1

TERMS OF PAYMENT

(a) The payment schedule shall be as under :

Clear Days to Departure	Amount to be Paid
60 days	20%, being INR 40,000
45 days	35%, being INR 70,000
30 days	50%, being INR 100,000
15 days	75%, being INR 150,000
7 days	100%, being INR 200,000

(b) In case of delayed payments, simple interest @ 14% p.a. will be applicable

ANNEXURE 2

CANCELLATION CHARGES

[See Section 6]

Cancellation Made	Cancellation Charge
For non-payment of balance Tour Cost	Entire Amount Paid
60 clear days or more prior to the date of departure	NIL. However, there will be an administration fee of INR 1000 per person
45 clear days or more prior to the date of departure	15% of Tour Cost
30 clear days or more prior to the date of departure	50% of Tour Cost
15 clear days or more prior to the date of departure	100% of Tour Cost
7 clear days or more prior to the date of departure	100% of Tour Cost