www.diva-india.in (Website) is an internet based travel portal operated by DIVA registered trade mark & strategic business unit of INDIAN TRAILS SOURCING SERVICES PRIVATE LIMTED, company incorporated under the laws of India, with its registered office at A1/525, Jamia Nagar, Okhla, New Delhi-110025, India.
Rules for bookings/ reservations/tours for the clients
(The Tourist is hereby is requested to read all these conditions carefully as he/she shall be bound by them)
You/Client mean the Person/Persons in whose name or on whose behalf the booking is made.
We/Us/Company means DIVA and all its Affiliates.
Independent Contractors means Hotelier/Hotel Owners/Transporters/Owners of Cruise Liners/ or any other person or organization who is being selected by the company to render services to the client.
'Date of Booking' is the first day from which the Hotel/Resorts/Palace is booked for the client.
'High Season' includes but is not restricted to:-
- Premium weeks and premium weekends of the year’
- Premium months of the year -(i.e November to March)
- Festive Period i.e 20th December to 04th January as well as the Diwali season
- All National Holidays like Central & State Government Holidays of Any State.
Tours include transportation, guide services, hotel bookings, air transfers, boot cruises and sightseeing.
When any booking is made and it is accepted by us either on the web or by email, telephonic/fax confirmation it constitutes a contract between you and DIVA. All bookings are taken on the condition that you accept these terms and conditions.
www.diva-india.in are holiday facilitators only, our role is confined to selecting and presenting to you hotels that conform to a certain standard of service, so that you can make an “informed choice” about the Hotel/Tour whose services you want to avail of. We act as a medium through which you can access information about the various hotels/resorts/palaces, their prices and the packages they offer. We only select and inspect the services provided by the independent contractors and have no control in running any of these services. We cannot be held responsible for any delayed or improper services provided by the independent agency and also for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hoteliers, who are the independent entities / contacts and we have no control over them. We are also not responsible for the delay or deficiency in services provided by the hotel or any other service provider or/and any act or actions of co-travelers or co-passengers.
Hotel Tariffs and other prices are subject to change any time and without prior notice.
Prices mentioned on the website, brochures etc are subject to change due to increase in tariffs by hotels, transporters or other independent contractors or due to the imposition of new taxes.
Tourists will have to pay taxes and service charges as per prevailing directives of Government of INDIA. Certain hotels charge a security deposit on check in, which is refundable on check out after deducting any expense borne by the tourist. All passengers are liable to pay this deposit.
All information given in our www.diva-india.in website or in our brochures is based on the information available at the time of publication. Our site gives description of destinations / sites / activities normally available. We reserve the right to change any brochure or information on the website before or after your booking due to any events beyond our control. In case we are aware of any changes, sufficiently in advance we will notify you at the time of booking.
The "star status" on which the hotels are graded is based on our evaluation of the quality of services/amenities they offer and is commensurate to the pricing of the package. The “star status” denoted on our website may or may not be the same as granted by the Central/ State Tourism Board or any other authority authorized to do the same.
If circumstances make you cancel the booking, the cancellation must be intimated to us in writing. Such cancellation will attract the following cancellation charges:
The Client shall read ALL THE TERMS AND CONDITIONS PRINTED ON THE WEBSITE AS WELL AS THE SERVICE VOUCHER BEFORE ACCEPTING THE SAME. The Service Voucher and Payment Receipt(if any) shall be binding on the parties and shall constitute a contract between the parties, on the Client accepting the service voucher and making part payment towards the total consideration of the Hotel package.
The Company reserves the right to decline to register any person or process as the Client for any Holiday without assigning any reason whatsoever.
DIVA DESTINATION MANAGEMENT SERVICES reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions
1. There shall be no Contract in force between the Company and the Client until the Company has received the appropriate non refundable deposit (Rs. 500/- for Hotel Booking & Rs. 10000/- for Tour Bookings). If the full payment is not made as per the timelines prescribed by the Company we reserve the right to cancel the booking with consequent loss of deposit and apply scale of cancellation charges as mentioned in this brochure.
2. No person other than the Company, in writing, has the authority to vary, add, amplify or waive any stipulation, representation, term or condition as stated in this brochure. The Company shall in no circumstances whatsoever be liable to the client for
3. Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any misadventure howsoever caused.
4. Any act, omission, default of independent contractor or other person, or of any servant or agent employed by them who maybe engaged or concerned in the provision of accommodation, refreshment, carriage, facilities or service for the client or for any person traveling with him howsoever caused.
5. If the client has any complaint in respect of the services provided by any of the independent contractors, the client shall immediately notify the same in writing to the independent contractor and a copy thereof should be handed over to us / our Company to take up the matter with the independent contractor so that in future other clients do not face the same difficulty.
6. Any claim or complainant by the client must be notified to the Company in writing within seven days of the end of the holiday tour. No claim notified to this Company beyond this period will be entertained and the Company shall incur no liability whatsoever in respect thereof.
7. In the event that hoteliers/transporters do not accept bookings made by us on behalf of the client due to any reason whatsoever then the client has the right to claim refund of the amount paid by him towards the said service. There shall be no additional amount payable by us on account of the aforesaid. In such an event the client has the option to avail of alternate hotel/transportation services as provided by us.
If on arrival at the hotel a client is not provided with the rooms/facilities he had booked for due to the same being “ sold out” or due to some error , the same shall be taken up with the hoteliers/transporters themselves and we shall not be responsible for the same.
www.diva-india.in & Diva Destination Management Services reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Holiday due to Force Majeure or Vis Majeure. Such refund would be based on various number of factors and the decision of the Company on the quantum of refund shall be final. Refunds (if any) for amendment and/or cancellations will be paid directly to the Clients by the Company. Administrative costs of Rs. 500 in case of hotels and Rs. 10000 in case of tours will be deducted from the Refund Amount. It would take atleast 30 days to process such refunds.
There is no contract between DIVA and the client until DIVA has received the payment in accordance with the procedures laid down under payment terms and conditions. The client will have to study, follow and abide by the terms and conditions of DIVA and absolve DIVA of any claims for not understanding / reading the same.
All cheques / demand drafts / Bank Transfers / Credit Card Payments must be made payable to INDIAN TRAILS SOURCING SERVICES PRIVATE LIMITED. Payments made by Indian nationals, resident in India are governed by the rules and regulations of the Reserve bank of India.
All bookings once confirmed by you are not amendable. Transfer from one tour / service to another will be treated as cancellation and the relevant cancellation charges will apply and a fresh booking will have to be made.
No refund will be made for partially utilized / unutilized services.
In the event of any cancellation, the initial deposit amount paid shall stand for forfeited and further cancellation shall be levied as per the terms and conditions on the relevant products. All refunds will be payable in Rupees. If your visa is not granted by the issuing authorities, the applicable cancellation fees will be payable. The cancellation must be intimated to us in writing.
Obtaining passports and visas shall be the sole responsibility of the passenger, who hereby undertakes not to hold DIVA liable under any circumstances whatsoever, for visas not applied for, refused and/or delayed documents and/or entries to/from the countries visited, for the sole responsibility to grant the travel documents rests and vests with the authorities concerned. Without prejudice to the above preceding clause, an express notice is given to all concerned by DIVA that they shall only assist passengers in securing and obtaining the necessary travel documents to the best of their ability.
We strongly recommend that all our clients take travel insurance but not limited to cancellation, delays, loss of deposit, medical expenses, personal accidents, loss of baggage and personal effects. DIVA makes it a condition that the client is fully covered by life, property and medical insurance policy without which DIVA cannot be held responsible for any claims.
All tour departures, itineraries, flights and hotels are subject to change with or without notice, as they are based on current schedules of transportation companies concerned.
All prices are subject to increase based on revision in fares and fluctuations in the exchange rates. In case of any increase, passengers will have to pay the difference.
Timings of conveyance are subject to change and consequently may be revised at any time. The itinerary is subject to alteration before or during the tour with or without notice.
DIVA does not accept responsibility for losses and additional expenses, due to delays or changes in air, train, ships or other services, missed connections, sicknesses, weather, strike, quarantine or other causes howsoever caused and all such losses and expenses caused must be borne by the passenger.
All arrangements for the services are made by DIVA in their capacity as agents only for and in the interest of the passengers, with respect to any air/land/sea transportation and hotel which may be included in the program, and as such, holds itself absolved of all liabilities for any injury, delay or damage from any cause, whatsoever, for which the passenger, by signing this contract undertakes to absolve DIVA and/or its representatives from any legal claims.
All services are subject to the conditions and regulations referred to in the time tables, books, bills and notices of the companies concerned on whose airlines, steamers, railways, coaches and other transportation the passenger travels and the passenger by accepting DIVA's tour or any other service, agrees that the firms and the companies concerned shall not be held liable for any loss, damage, injury, delay or detention caused howsoever. All services & tours are subject to the rules & regulations of the Reserve Bank of India and Government of India and will operate as per the prevailing regulations & permissions being granted for such tours and services.
The airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes and conveyances. The passage contract in use by the concerned when issued shall constitute the sole contract between the airlines and the purchaser of such tickets.
Any disputes arising out of/or in connection with the services, are subject to Indian Laws and the courts in New Delhi alone shall have jurisdiction.
No person other than the one authorized by DIVA, in writing, has the authority to vary, add, amplify or waive any stipulation, representation term or condition in the brochure.DIVA shall in no circumstances whatsoever be liable to the Client or any person travelling for:
a) Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and or damage or any misadventure howsoever caused.
b) Any act, omission, default of independent contractor such as hotelier, hotel owner, owner of any airlines or shipping company, railway, ferryboat owner, operator, coach owner, operator, etc. or any other person or by any servant or agent, employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facilities or service for the Client or for any person travelling with him, howsoever caused.
c) The temporary or permanent loss of or damage to baggage or personal effects howsoever caused, in this condition, the expression "howsoever caused" includes negligence on the part of any person except the negligence on the part of DIVA.
No liability on the part of DIVA arising in any way out of this contract in respect of any tour, holiday, excursion facility, shall exceed the total amount paid or agreed to be paid for the tour/holiday and shall in no case include any consequential loss or additional expense whatsoever.
Each of these conditions shall be severable from the other and if any provisions were invalid, illegal or not enforceable the remaining provisions shall nevertheless have full force and effect.
The communication directed at the address of the Client as disclosed to DIVA, shall be deemed to have been communicated to the client. Travel agent through whom a client books will act to relay information from client to DIVA and vice versa. DIVA shall not be responsible for any error on part of such travel agent in this regard.
DIVA shall not be responsible and/or liable for any damage caused to Client due to reasons beyond the control of DIVA (force majeure / Vis majeure) no liability on the part of DIVA arising in any way out of this contract, in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the tour, holiday and shall in no case include any consequential loss or additional expenses whatsoever.
Each and every party/or passenger (hereinafter called Client), shall deal with DIVA on an express and specific condition and understanding that notwithstanding any clause, provision, custom or usage, DIVA shall not be liable to in any manner whatsoever in connection with the documentation, baggage, registration, reservation, transportation, insurance, accident, delay, cancellation, suspension, improper arrangements or any other eventuality. The Client dealing with DIVA shall be bound by this specific understanding and shall not bring, make or raise any action, demand or claim against DIVA and/or it's employees, Directors and shall also indemnify DIVA, if any claim is made or action is brought by any party claiming through the client against it because of his dealing with DIVA and shall always keep DIVA and or it's employees fully indemnified against any claims howsoever caused.
No claim or complaint of whatsoever nature and or any claim for damages shall be entertained and or admitted for consideration if lodged with the company beyond 30 days of end of our services and beyond 7 days at the end of package tour services. Whilst every effort has been made to ensure that the information contained in the DIVA brochures / websites / communiqués is correct at the time of going to press / being published, DIVA reserves the right to vary, amend, cancel, withdraw, change the operator, services.
For all claims or disputes of whatsoever nature relating to the Clients, claim of deficiency in service or the like, the same shall be resolved by a Sole Arbitrator to be nominated by the Company. The arbitration shall be held in New Delhi. The arbitration shall be governed by the provisions of the Indian Arbitration & Conciliation Act 1996.