TERMS AND CONDITIONS
By booking services with Jasmine Trails, you agree to these terms and conditions.
1 GENERAL CONDITIONS
1.1 Scope and Definitions
The below mentioned Terms & Conditions shall apply on all the bookings made with Jasmine Trails having its office at 1503, Tower 5, Valley View Estate, Gurgaon, Haryana-122003, by any individual traveler and group (“Traveler/s”) intending to avail the Services of Jasmine Trails whether directly or through overseas vendors of Jasmine Trails.
1.1.1 “Booking” shall be deemed to be completed by Jasmine Trails when the following conditions are fulfilled:
18.104.22.168 Traveler’s confirmation to the final itinerary has been received by Jasmine Trails;
22.214.171.124 A deposit, as set forth by Jasmine Trails, has been paid by the Travelers to Jasmine Trails, and receipt confirmed by Jasmine Trails;
1.2 Acceptance of Conditions
1.2.1 The following Terms and Conditions shall be applicable to all the Travelers over the age of 18 years making bookings with Jasmine Trails. The Travelers hereby give their consent to these Terms and Conditions in full and also agree to be bound by these Terms and Conditions.
1.2.2 The term booking shall include, services requested by a Traveler that includes accommodations including hotels, camps, lodges, ground transportation (cars, vans, buses), air and rail travel (which are booked by Jasmine Trails), local guides, tour escorts, experts, special outdoor adventurous activities such as safaris by jeeps, boats, walking safaris, ziplining, river rafting, bungee jumping, hiking, trekking, bike rides, motorcycle rides, and all other activities that are requested by the Travelers or suggested by Jasmine Trails on the itineraries in tune with Traveler’s interests. Jasmine Trails reserves the right to get a waiver / indemnity signed for all activities that involve an element of adventure or risk.
1.2.3 These terms and conditions/agreement are applicable on travelers below the age of 18 years (minors) traveling with their legal guardians/parents. It is the responsibility of the legal guardians/parents to look after the minors, ensure their correct behavior and conduct so as to ensure their own safety and that of others around them. Jasmine Trails or its third-party suppliers will not be responsible for any mishap/incident of any kind that takes place due to the negligence on part of the legal guardians/parents on account of their wards.
That Jasmine Trails offers travel-related services and accommodations, including the following:
- Flight bookings
- Train bookings
- Hotel bookings
- Tour Packages.
That Jasmine Trails will offer the above-listed services and accommodations to business and leisure clients as part of travel packages pursuant to the terms of this agreement.
3. PAYMENT TERMS
3.1 That 25% of the payment is required to be paid by the “Traveler” at the time of the booking and the balance amount is to be paid 60 days prior to the start of the tour. All of the payments should be made in the quoted currency and are to be channeled via wire transfer.
3.2 Jasmine Trails further reserves the right to alter any and all of its fees from time to time on account of increase or revision in any fee, duty, taxes etc.
3.3 Jasmine Trails shall not be held liable for financial losses resulting from cyber incidents or unauthorized access to communication channels, including email. Travelers are responsible for verifying payment instructions and are encouraged to exercise caution.
4. CANCELLATION POLICY and REFUND POLICY
4.1 In case of cancellation, the cancellation fees is calculated based on the date Jasmine Trails receives a cancellation request and the starting date of tour service.That there is tax component on the tour cost as well as non-refundable elements. The refundable amount depends on when the cancellation takes place.
That the actual cancellation charges and refunds would depend upon the policy of the hotels, transporters, guides and other principals involved in the tour.
4.2 Jasmine Trails shall process a cancellation/refund request within five to ten business days which is to be intimated only by e-mail stating brief reason for such cancellation. That any verbal intimation or intimation via any social media apps such as WhatsApp or SMS etc. shall not be considered as valid.
4.3 That the unused features provided during the tours are non-refundable.
4.4 That the Domestic Airfare is completely non-refundable and non-changeable for tours when airfare is included in the final price. If the tickets have already been issued at the time of cancellation, Jasmine Trails is not liable to give refunds on either cancellations or name changes.
4.5 That the Group tours require a minimum number of participants to operate. Jasmine Trails reserves a right to cancel a scheduled tour if there are not enough participants. In such a case, Jasmine Trails shall refund affected customers, after deducting a reasonable administration fee. In such a case the affected Traveler may also choose a similar tour product as a substitute or a private customized tour. The cost of such substitute tours may be higher or lower than the cancelled scheduled group tour. Although it may be possible to continue the affected scheduled tour if other tour members agree to continue at a revised cost.
4.6 In case of Force Majeure, Jasmine Trails, its affiliates, associates, partners, service providers and overseas vendors shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind. Jasmine Trails will endeavor to refund Travelers as much of the total amount received from them after deducting any tax, cess, fee and cancellation charges or any other charges as applicable.
“Force Majeure” shall mean any event or circumstances or a combination of events and circumstances, which satisfy the following conditions:
Events which are beyond the reasonable control of Jasmine Trails or its affiliates and associates and partners and service providers, in such a manner that they could not have prevented or overcome them with the exercise of good industry practice or reasonable skill or care. Such an event does not result from the negligence or misconduct by these parties; war, fire, invasion, armed conflict, riot, or any other civil commotion, act of terrorism or sabotage, nuclear explosion, radioactive and chemical contamination or ionizing radiation; strikes or lock outs; natural calamities or disasters including lightning, fire, earthquake, unprecedented rains, cloud bursts, flash floods, landslides, storms, cyclone, tsunami, typhoon or tornado etc; epidemics or pandemics; any major accident or breakdown.
4.7 REFUND POLICY
That the minimum cancellation amount after booking will be 15% of the total tour cost.
In case, a tour is cancelled between 90 to 60 days prior to the date of tour, the cancellation amount shall be 25% of the total tour cost,
In case, a tour is cancelled between 59 to 30 days prior to the date of tour, the cancellation amount shall be 50% of the total tour cost,
In case, a tour is cancelled prior to less than 30 days from the date of the tour, the cancellation amount shall be 100% of the cost.
In case of any no shows, the entire payment shall stand forfeited.
5.1 Surcharges may result from an increase in statutory taxes, transportation and fuel costs, domestic air fares or changes in currency fluctuations or if group size changes materially.
5.2 If surcharges should increase the total tour price by more than 3%, the client may cancel the booking within 14 days of receiving notification of the surcharge and receive a full refund after deducting any tax, cess, fee and cancellation charges or any other charges as applicable and any non-refundable elements of the tour such as train/internal flight bookings.
6. CHECK-IN and CHECK-OUT
6.1 The Check-In and Check-Out times at hotels vary as per the policies of each hotel. Generally, the check-in time is 2 PM and check-out time is 12 Noon. Earlier or later check-ins may be chargeable as per hotel rates.
6.2 As per each hotel’s policy there may be smoking and non-smoking rooms available. It is advised to inform the same in advance in case a smoking room is preferred so that the same can be arranged. Although it cannot be guaranteed that such a room shall be available at the time of check-in.
6.3 Often in heritage hotels that are palaces or mansions converted into hotels, rooms vary in size, location and décor, even though they may cost the same and offer the same amenities. Participants will be allocated rooms on a random basis in such cases so that no one can influence room choice.
6.4 Heritage hotels often have original architectural designs/elements and hence there is a possibility of finding low doorways and high doorway thresholds on such properties.
7.1 Jasmine Trails does not book or charge for international flights. Therefore, it is advised that international flight details should be discussed with Jasmine Trails prior to purchasing tickets so as to be sure that they fit in with the tour dates.
7.2 Domestic airlines/Railways may reschedule or cancel flights/trains without adequate prior notice. In such a case Jasmine Trails will not be held responsible or liable for additional costs, loss/damage suffered by Travelers. Jasmine Trails, depending on the availability, may try to book alternate flights/transport that fit into the tour with minimum disruption to the schedule. Jasmine Trails shall also attempt to recover any refunds possible from the airlines/railways.
7.3 Domestic airlines may hike flight fares at will and if the fare is higher at time of purchase of the ticket than quoted to the Traveler earlier, such a fare hike will be payable by the Traveler.
7.4 Jasmine Trails shall not be held liable for any additional costs, loss and/or damage suffered by the Travelers for the reasons beyond the control of Jasmine Trails and not attributable to it.
7.5 Travelers shall also ensure that they have provided the correct information such as name as in passport, dates of birth etc. while confirming a booking. Travelers further agree that Jasmine Trails shall not be liable in any manner for any loss or damage of any kind incurred by Traveler(s) as a result of any incorrect information provided by the Traveler.
7.6 In case of any delay/cancellation and/or missing of flights (international or domestic) / or trains, lost/ misplaced/damaged baggage by any airline or railways, any loss/expenses arising out of such circumstances will be the sole responsibility of the Traveler.
8. COVID-19 PROTOCOLS
8.1 Jasmine Trails diligently follows and promotes all safety and hygiene protocols in line with the World Travel and Tourism Council’s, WHO’s and the Indian Government’s guidelines. Jasmine Trails have also been granted with the Safe Travels Stamp by WTTC.
8.2 Jasmine Trails’ staff and suppliers, including transport, ensure all measures are being followed, such as sanitizing, disinfecting and deep cleaning especially with a focus on high-frequency touch points such as handrails, door handles, counters and desktops, bathrooms, etc. This is all done with approved sanitizing products. Jasmine Trails are minimizing contact by relying on paper-less methods and are using more digital solutions especially for payments. All staff and vendors are fully vaccinated and follow masking and social distancing norms. Jasmine Trails’ staff is trained to follow all protocols while adhering to all personal hygiene norms. All the hotels that used by Jasmine Trails also follow all protocols as per international guidelines and requirements. Jasmine Trails are also prepared with contingency plans in case new cases emerge.
9.1 It is the responsibility of the Travelers to obtain any necessary vaccinations before traveling.
9.2 It is no longer a requirement to be vaccinated against COVID for travel to India, Nepal, Bhutan or Sri Lanka. All COVID restrictions have been lifted in these countries. However, Travelers must abide by the health and safety guidelines/requirements as laid out by the Government of India (or the governments of Nepal, Bhutan or Sri Lanka if Travelers have booked these destinations), before and during travel. Jasmine Trails shall endevour to provide all the necessary updates from time to time.
9.3 Travelers must take responsibility to stay informed of and fulfil any COVID related requirements by their own country.
9.4 In case of any pandemic/epidemic or any such similar situation, all related costs and implications, including testing, quarantine, medical treatment, and itinerary adjustments, shall be the sole responsibility of the Traveler. Jasmine Trails shall neither be deemed liable nor accountable for any such situations or associated costs incurred during the trip.
10.1 Travelers undertake that they are adequately covered by travel insurance, prior to their departure. It is advisable that the travel insurance must cover personal accident, medical expenses, evacuations and repatriation, baggage loss and cancellation or curtailment of Holidays. The Travelers shall choose their travel insurance according to their own requirements in their country of origin or domicile. Travelers must be responsible for buying adequate travel insurance before they undertake a tour with Jasmine Trails.
10.2 Jasmine Trails reserves the right to request the Travelers to produce insurance documents prior to their arrival or after their arrival in India. Jasmine Trails also reserves the right to cancel the booking, in the event Jasmine Trails discovers that the Traveler(s) has not obtained adequate travel insurance. Further the Traveler shall also sign a disclaimer, indemnifying Jasmine Trails of all liabilities arising out of such travel for any expenses and/or losses/claims which might be incurred owing to inadequacy or lapse on the part of the Traveler to obtain such insurance.
10.3 Travelers who travel without adequate or no insurance cover shall do so at their own risk.
10.4 In cases of severe illness or incapacitation requiring specialized evacuation, such as helicopter or air ambulance services, the Traveler accepts full financial responsibility for all associated costs, including transport, medical personnel, and related expenses. Jasmine Trails bears no responsibility for arranging or covering these expenses and is not involved in reimbursement or claims processes.
11. THIRD PARTY SERVICES
11.1 By signing this Agreement Travelers agree and understand that Jasmine Trails may use services of Third-Party Service Providers and for rendering services. While Jasmine Trails endeavors to use service providers with acceptable standards, it neither owns nor operates such Third-Party Service Providers and is not the actual provider of these services.
11.2 Such Third-Party Service Providers may also provide their own guidelines for facilitation of their services. The Travelers shall be responsible for ensuring compliance with such guidelines. In the event of any breach, the respective Traveler shall be personally liable and shall provide reimbursement for any damages and/or loss which might occur due to such a breach.
11.3 Travelers acknowledges that neither Jasmine Trails nor its owners, directors and employees shall be liable or responsible for any negligent or willful act or failure to act of any third party, such as operators of aircraft, trains, motorcoaches, private cars, rentals, boats, ships or any other conveyance, hotels, restaurants, tour guides, sightseeing excursions, local ground handling, outdoor activity organizers etc. The Travelers further agrees to seek remedies directly and only against those third parties and not hold Jasmine Trails responsible for their acts or omissions.
12. TRAVEL DOCUMENTS
All Travelers require a passport with a validity of at least 6 months from the date of return and with sufficient blank pages. A valid visa is required for travelling in India, Nepal, Bhutan and Sri-Lanka. It is advised to contact consulates, travel agents in the country to check on the latest and updated requirements and regulations required for travelling to Indian and sub-continent countries. E-Visa facility for India is open for Travelers for which more information can be found at https://indianvisaonline.gov.in/evisa/tvoa.html.
13. HEALTH AND FITNESS REQUIREMENT
Travelers must be in good health, reasonable physical and mental condition. Travelers are advised to seek the help of Jasmine Trails to assess if a tour is suitable for them.
13.1 Disclosure of Conditions: In the event that any Traveler is affected by a medical or other condition that might impact their own or fellow Travelers’ enjoyment of the trip, or their ability to participate in planned activities, it is incumbent upon the Traveler to promptly inform the guide, Jasmine Trails Staff, or the designated trip leader. Such notification should occur at the time of booking or, if not possible at that time, as soon as the Traveler becomes aware of the condition, either before or during the course of the trip.
13.2 Travelers understand that trips organized by Jasmine Trails may often take travelers to remote areas where there is little or no access to normal medical services or hospital facilities. That if required, evacuation can be prolonged, difficult, and expensive. That medical and evacuation expenses will be the responsibility of the traveler. That Jasmine Trails will do everything necessary/possible to facilitate medical attention and arrangements required.
13.3 Travelers must inform Jasmine Trails of any food allergies. While Jasmine Trails will communicate relevant allergies or conditions to associated vendors and activity providers, it remains the sole responsibility of the Traveler to carry required medications and notify activity providers of any allergies or special conditions before engaging in an activity.
13.4 Medical Certification: Jasmine Trails reserves the right to request a valid medical certificate from a qualified healthcare professional, detailing the Traveler’s medical condition and confirming their fitness to participate in the trip.
13.5 Authorization for Medical Treatment: The Travelers hereby grant Jasmine Trails and its designated personnel authorization to provide any necessary medical treatment in the event of an injury sustained during the course of the trip.
13.6 Liability Disclaimer: Travelers acknowledge and agree that Jasmine Trails shall bear no responsibility under any circumstances for physical or mental reactions, or any resulting consequences stemming from allergies, food, health conditions, or any other factors.
14. BEHAVIOR AND CONDUCT
14.1 Jasmine Trails reserves the right to make changes and amendments to the tour program both before and during the tour commencement as deemed necessary to ensure a smooth and better experience.
14.2. TOUR LEADER AUTHORITY: Filling our booking form signifies your agreement to abide by the authority of the leader, who represents Jasmine Trails. The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, the traveler’s behavior or physical condition is detrimental to the safety, welfare and well-being of the group as a whole, or if the traveler’s general wellbeing will be put at risk by continuing with the trip, the traveler may be asked to discontinue the tour. In this case the traveler would not be entitled to any refund for unused services.
14.3 Travelers are required to maintain a certain code of conduct while travelling in India and any of the sub-continental destinations. Travelers are also required to respect the local culture and religion.
14.4 Jasmine Trails and its Third-Party Service Providers/Overseas Agencies may provide their own guidelines for facilitation of their services. The Travelers shall be responsible for ensuring compliance with such guidelines. In the event of any breach, the respective Traveler shall be personally liable and shall provide reimbursement for any damages and/or loss which might occur due to such a breach.
14.5 Travelers are also responsible for the safety and security of their personal belongings, artefacts, cash, valuables etc. While guides of Jasmine Trails and representatives’ endeavor to brief Travelers on all security measures to be undertaken by Travelers, it is the sole responsibility of the Travelers for the safety and security of their personal belongings, artefacts, cash, valuables etc. and Jasmine Trails will not be held responsible or liable for any loss/damage, in case of any pick pocketing or thefts.
14.6 No Traveler shall do anything or transmit any material that might constitute a criminal offence or give rise to any civil liability. Under no circumstances will Jasmine Trails be liable in any manner for any behavior of Traveler(s), including without limitation, for any loss or damage of any kind incurred by Traveler(s) as a result of such behavior.
15. DISPUTE RESOLUTION
15.1 Amicable Settlement: Travelers hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions or the rights, duties or liabilities of any Party under this Agreement, the Parties shall meet together promptly, at the request of any Party, in an effort to resolve such dispute by amicable discussion between them within 30 days from receipt of notice by either party.
15.2.1 Failing Amicable Settlement, the dispute or differences or claim as the case may be, shall be referred to arbitration within 30 days of such failed settlement. For the purpose of arbitration, two arbitrators shall be appointed out of which one is to be appointed by each Party and a third Arbitrator shall be appointed by the two arbitrators appointed by each Parties. Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments or modifications thereof. A Party requiring arbitration shall appoint an Arbitrator in writing and inform the other Party about the said appointment calling upon such other Party to appoint its Arbitrator within 30 days from the receipt of such information through e-mail. If the other Party fails to appoint its Arbitrator, the Party appointing the Arbitrator shall take steps in accordance with Arbitration and Conciliation Act, 1996.
15.2.2 In case of failed amicable settlement, if no further steps are taken by the Traveler for arbitration within the time frame of 30 days, it shall be deemed that the dispute is resolved, and no action can be taken against Jasmine Trails after the expiry of the above-mentioned period of 30 days.
15.3 Place of Arbitration
The arbitration shall take place either in New Delhi or Gurugram.
16. LIMITATION OF LIABILITY
16.1 Third-Party Liability: While Jasmine Trails endeavours to use Third Party Service Providers with acceptable standards, it neither owns nor operates such third-party suppliers. The Travelers acknowledges that neither Jasmine Trails, nor its directors, employees, shareholders etc. shall be held responsible for any negligent or wilful act(s) / failure to act (leading to any personal or financial injury or loss to the Travelers), of any Third-Party Service Provider(s). Travelers agree to seek remedies directly and only against Third-Party Service Provider(s) and not hold Jasmine Trails responsible for their act or omission. Travelers specifically agree to waive any and all rights to, either in law or in equity, claims, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against JASMINE TRAILS and JASMINE TRAILS’ director(s), employees, shareholders etc. that arise directly or indirectly with respect to Travelers.
16.1.2 JASMINE TRAILS or its suppliers shall not be held liable to Travelers for any incidental, consequential, special, indirect, or exemplary damages arising from our services, merchant links, licensed products, encompassing potential losses in profits, cover costs, use, or business operations, irrespective of prior advice on such possibilities. Regardless of any contrary stipulations, JASMINE TRAILS assumes no financial responsibility for any circumstances encountered by Travelers in connection with this agreement, irrespective of the cause or nature of the action. Under no circumstances shall the total cumulative liability of JASMINE TRAILS under these terms and conditions, whether grounded in contract or otherwise, exceed the amount legitimately paid by the Traveler to JASMINE TRAILS.
17. MISCELLANEOUS PROVISIONS
If for any reason whatsoever any provision or any part(s) of this Agreement is held or shall be declared to be void or illegal or invalid under present or future laws or regulations effective and applicable during the Agreement Period, by any competent arbitral tribunal or court, such provisions shall be fully separable and this Agreement shall be constructed as if such provision or such part(s) of this Agreement never comprised part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such void or illegal or invalid provision or by its severance from this Agreement.
No waiver of any term or condition or breach of this Agreement shall be valid except by an instrument in writing expressly waiving such term or condition signed by the waiving Party. Unless otherwise specifically provided in writing a waiver by any Party of any term or condition of this Agreement in a given case shall not be deemed or construed as a general waiver of such term or condition in the future.
17.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
In case of any proceedings, whether civil or criminal, filed against Jasmine Trails, it shall be within the jurisdiction of Gurugram, Haryana.
Travelers agree to indemnify, save, and hold JASMINE TRAILS, its affiliates, contractors, employees, officers, directors, agents, shareholders and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Travelers use or misuse of JASMINE TRAILS Services; (ii) any violation by Travelers of this Agreement or (iii) any breach of the representations, warranties, and covenants made by Travelers herein.