SCOPE:
Joy N Crew LLP (hereinafter referred to as ‘JNC’) is merely a travel and holiday organizer only. JNC is not a primary service provider and only acts as an intermediary and/or facilitator. JNC only makes a sincere attempt at inspecting, selecting and managing the services to be provided to the client. We do not own, operate or control any airline, shipping company, coach or transport company, hotel, restaurant, kitchen caravan or any other facility or provider etc. that is engaged to provide the client various services during the course of your tour.
Client will need to follow and adhere to the conditions, rules and regulations of each service provider. JNC is not responsible / liable for the consequences if the client breaches such rules and regulations. JNC cannot be held responsible / liable for any delay, deficiency, injury, death, loss or damage etc. occasioned due to act or default of such service providers, their employees or agents. If any client causes any sort of injury or damage to a service provider, client will be fully liable to the service provider and if the service provider recovers any compensation/money from JNC for such injury or damages, client will be charged separately by JNC as reimbursement. Each service attempted to be managed and delivered by JNC shall be treated and construed independently and without prejudice, as with regards to their fulfilment and execution.
Being tour organizers, JNC will not be liable / responsible to you for any loss, injury or damage in respect of life, limb or property, sickness, delay, discomfort, anxiety, service denial, service deficiency, additional expenses etc incurred by you or for any direct, indirect, consequential loss and / or damage of any kind suffered by you howsoever caused arising out of any act, omission, default of any contractor / supplier or of any servant or agent employed by the contractor / supplier or of any third person who may be engaged or concerned in the provision of accommodation, lodging, transportation, entertainment, meals and refreshments or any other service etc. comprising the tour package. JNC shall not be liable or responsible for failure on the part of airline to accommodate passengers (despite having confirmed tickets) or cancellation, change of route, delay of flights etc; overbooking of seats / rooms by the airline / hotel; loss of / delay of baggage by airline / coach / cruise / train / ship / restaurant / hotel; any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any kind of theft howsoever caused; rudeness or unprofessional behaviour of co-passenger/ staff of airline / hotel etc., quality / quantity of meals, facilities given etc; Any other kind of service denial or deficiency whatsoever by any contractor / supplier.
CHANGES IN ITINERARY:
JNC reserves the right to alter, amend, change or modify the tour package and itineraries before or during the tour and will make reasonable efforts to notify you promptly of such changes / events sufficiently in advance during booking or prior to departure of the tour. If such changes / events occur during the tour, our tour manager or local representative will inform you of the changes on the spot and we solicit your full co-operation in accepting such circumstantial changes. No disputes or grievances regarding any itinerary / service change which JNC is constrained to make, will be entertained during or after the tour. Such changes may be necessitated due to factors beyond the control of JNC such as lockdowns, protests, strikes, fairs, festivals, sport events, weather conditions, traffic problems, overbooking of flights and hotels, cancellation / re-routing of flights, ships or railway, closure of / restricted entry at a place of sightseeing etc. Change in itinerary may also be required or necessitated on account of actions, inactions, defaults or condition of tour participants in the group. JNC will take reasonable efforts to keep the overall package of services unchanged. However, JNC shall not be liable / responsible to refund any amount or pay any compensation / damages on account of any change in itinerary. In case the alternate arrangements made are materially superior as compared to the ones described in Booking Agreement, JNC may charge extra for the same in the course of the tour.
LIMITATION OF LIABILITY:
In no event or under any circumstance, JNC shall be liable to the Client or to any third party in any respect including without limitation for any direct, indirect, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, data, goodwill, reputation, or business opportunities of any kind or nature whatsoever, arising in any manner; and from the performance or non-performance of any obligations, terms and condition hereunder whether based in contract, tort or other legal theory. For any circumstances or reasons whatsoever, the maximum aggregate liability (whether in Contract or Tort, including Negligence) regardless of the form of the claim shall be the tour cost or advance payment paid to JNC.
INDEMNITY:
Client agrees to indemnify, defend and hold harmless JNC from and against any and all claims, liabilities, damages, costs and expenses incurred of whatever kind or nature on account of its acts or omissions, incurred due to personal action or omissions its employees, staff, associates, partners, vendors, sub-contractors, suppliers, assigns, agents, officers and directors; including without limitation, court costs and litigation fees.
FORCE MAJEURE:
Force Majeure means occurrence of an event which prevents JNC from performing its obligations or providing any service. It means and includes any of the following events, irrespective of the location or the duration of such occurrence of events and which are outside the control of JNC; acts of nature; be it by way of land, water or air by whatever name called or referred to and includes hurricanes, typhoons, tornadoes, cyclones, storms, winds, gales, lightning, floods, ice, earthquakes, volcanic eruptions, heat waves, fires, explosions, disease or epidemics; acts of war, armed conflict, hostile action, civil war, revolution, rebellion, insurrection, usurpation of sovereign power, riots, civil commotion, terrorist activities, sabotage, chemical or biological or nuclear events, disease-related events, bombings, murder, assault, kidnapping; labour strikes, lockouts, protests; pandemics, epidemics and lockdowns; or state and central government ordered prohibitions, embargoes, blockades, shortage of critical material and supplies or action or inaction of governmental authorities; or any other event which is beyond reasonable control of and not arising out of the fault or negligence of the affected party or failure of such party to perform its obligations hereunder. In case of such an event, JNC is not liable or under obligation to perform any of the terms. Client shall bear all costs, expenses and liabilities (personal, financial or otherwise) due to or arising out of such Force Majeure event.
WAIVER:
Refusal or failure to perform any of the obligations, terms and conditions agreed upon by the Client shall constitute a waiver of his rights of enforcement of the same.
ASSIGNMENT:
Nothing herein; express or implied, is intended to confer upon the Client any entitlement to assign any rights, benefits, remedies, claims or obligations for any reason whatsoever.
NO THIRD-PARTY BENEFIT & INTEREST:
Nothing herein contained is intended, nor shall be construed to confer upon any third party any rights, benefits, remedies or claims. JNC is not liable and under no obligation to entertain any third-party claims whatsoever.
Client shall not behave in a manner which may cause distress or annoyance to other tour participants or to any other third party; or which may create the risk of danger or damage to property belonging to JNC, other tour participants, service providers or any other third party. If the Client misbehaves or creates a nuisance, JNC has the full right and authority to terminate the tour. In such an event, no refund or compensation will be paid to the Client and the Client will have to bear and pay all costs and expenses for return travel at his own risk and consequence. The Client shall not carry any item or object, the possession of which is forbidden by any laws, rules or regulations nor shall the Client violate any other laws, rules or regulations of the country in which she/he is travelling. Any loss or damage or liability suffered by JNC on account of a Client and / or for losses caused to property of third-party service providers; JNC shall separately charge and recover our losses and expenses from the Client.
NO RELATIONSHIP:
No employment, agency, franchise, or other form of agreement or relationship is intended to be created between JNC and the Client. JNC is not an employee, servant, legal representative or agent of the Client, nor does the Client have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name of or on behalf of JNC.
CANCELLATION & AMENDMENT:
No unilateral change, modification, revision or termination in any of the terms and conditions, expressly or under assumption, by the Client, shall be effective unless expressly approved and accepted by JNC. JNC reserves its right to amend or cancel the tour booked by the Client, without giving any reason. Such amendment or cancellation may be due to circumstances beyond the control of JNC. Client may be offered alternative options. If the alternative options are not acceptable to the Client, JNC would refund the money paid by the Client without interest after deduction of costs and expenses, within a period of 45 days from the date of amendment or cancellation. However, it is expressely stated that, JNC will not be responsible or liable to pay any compensation or damages or consequential loss or to refund any other expense incurred by the Client. Cancellation can be due to any reason whatsoever including the Client’s inability to participate due to any reason including illness, death, court orders, rejection/theft/non-availability of travel documents etc. JNC shall not be liable to pay any compensation, interest or damages.
NO REFUNDS:
JNC will not be liable for any refunds or compensation whatsoever for unutilized services. This general rule applies to all kinds of non-utilization or under-utilization of tour services, whether of the whole or part of the tour and whether as a matter of your choice, or caused by your fault or compelled by circumstances such as ill-health, weather, external factors etc. JNC will also not be liable for any refunds if the Client fails to join the group at the commencement of the tour or joins the group later or leaves the group before culmination of the tour for any reasons whatsoever. There will be no refund if the Client fails to or is unable to utilize any of the services on the tour like airline travel, hotels, sightseeing, rides, cruises, meals, optional tours etc due to any reason whatsoever such as late reporting, ill-health etc. Advance costs paid shall not be refunded under any circumstances whatsoever.
ENTIRE AGREEMENT:
These Terms and Conditions contain the latest and most recent agreement and understanding between the Client and JNC and supersedes all prior discussions, commitments, understandings and agreements. These are basic, non-specific and general terms and conditions that Client is bound by and will follow; to be read together and in consonance with all the Terms and Conditions laid down in the Booking Agreement.
GOVERNING LAW & JURISDICTION:
All Terms and Conditions agreed upon shall be construed, interpreted and governed by the laws of India, without reference to conflict of laws principles. Client agrees that only the courts, tribunals and judicial authorities situated in Pune shall have jurisdiction to try and hear any matter or dispute that arises between the Client and JNC.
ARBITRATION & DISPUTE RESOLUTION:
In case of any grievance or dispute; reasonable and fair opportunity shall be given by the Client to JNC to resolve and settle the issue. All disputes and grievances shall be referred to a sole Arbitrator mutually agreed upon by both the parties. The provisions of Arbitration and Conciliation Act, 2015 and any statutory modification thereof for the time being in force shall apply to such arbitration proceedings. Arbitration proceedings shall be conducted at Pune, in the English language, and all costs and fees shall be borne by the Client and JNC equally.
INTERPRETATION:
Interpretation and Clarification of any of the Terms and Conditions given by JNC shall be final and binding on the Client. JNC reserves its right to change the Terms & Conditions at any time without any prior notice and without assigning any reasons thereof.
PUBLICATION:
Client shall not make an announcement, or publicise in any manner whatsoever, any of the Terms or Conditions agreed upon, the transaction contemplated hereunder or any other matter related hereto unless such disclosure is required by applicable Law, in which case Client shall to consult with JNC prior to making the required disclosure.
NOTICES:
All Notices must be served upon registered office or business address of JNC and shall be served in the English language via Courier, Speed-post or R.P.A.D.
