The following booking conditions, together with the information set out on www.jackfruitexperiences.com of Hillside Ventures Limited website will form the contract between you and us for your holiday with us.
In this contract a reference to "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
We are Hillside Ventures Limited owner of www.jackfruitexperiences.com of 79 Hillside Road, Northwood, HA6 1PZ, UK.
1.Definition
In this agreement, the following definitions apply unless the context requires otherwise:
“Meeting Point”
means the place specified by us in the Tour Pack as the place we will meet and start your holiday. For this tour it is Bengaluru airport arrival point (as mentioned in the tour pack; mostly a car park).
“Departure Point”
means the place specified by us in the Tour Pack as the place we will drop you at the end of tour. For this tour it is Bengaluru airport departure point (mostly a car park at the airport).
“Start Date”
means the date on which we meet to start your holiday at Bengaluru airport.
“Tour”
means a holiday organised by Hillside Ventures Limited. It is interchangeably referred to as “experience”.
“Tour Pack”
means whatever documents we send to you in hard or soft copy to provide information about your Tour.
2.What is in the holiday
2.1. The following items are included:
2.1.1 Economy flight ticket from London Heathrow to Bengaluru. Please see point 2.3.1 for more details on this.
2.1.2 Transportation from Bengaluru airport to Mysuru.
2.1.3 Transportation from Mysuru to Hampi.
2.1.4 Transportation from Hampi to Kagal.
2.1.5 Transportation from Kagal to Bengaluru airport.
2.1.6 All accommodation on twin sharing basis.
2.1.7 Drinking water bottles throughout the experience.
2.1.8 Please check the table below for any meal inclusions.
2.2. Courtesy inclusions at our discretion and based on availability:
2.2.1 A light snack box and soft drinks box will always be present in the travel vehicle.
2.2.2 When you are out on your own, we would endeavour to drop you and pick you up from point to point if you are at a reasonable distance from your accommodation.
2.2.3 Fresh coconut water at Kagal based on availability.
2.3. The following items are not included
2.3.1 Tour starts from Bengaluru and ends in Bengaluru and the flight experience is not a part of the holiday. All other costs incurred before you board transport at the Meeting Point and after you return to the departure point are not included; You should make your own transport arrangements to reach London Heathrow.
2.3.2 Travel insurance or any other insurance personal to you;
2.3.3 Passport and visa costs;
2.3.4 Vaccinations and medication, before, during and after the Tour;
2.3.5 Food and drink over and above what we include in the Tour;
2.3.6 Gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
2.3.7 Medical and hospital expenses are not included.
2.3.8 Mysuru monument visits are not included.
2.3.9 Alcoholic drinks are not included.
2.3.10Please check the table below for any meal exclusions.
2.3.11Travel insurance is not included.
2.3.12Any other experience not included in the schedule.
3.Booking your holiday
3.1. We will hold a provisional booking for seven days to allow you time to send us your deposit. We follow this strictly because many holidays are booked up fast. When we receive your deposit, we will send you a confirmation invoice which confirms your booking. The contract between us comes into existence at that time. You undertake to pay for the holiday you have booked, and we undertake to provide you with the holiday we described on the website.
3.2. If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into the contract on the basis of these booking conditions and that you and they have agreed to be jointly and severally liable to us.
3.3. If we are unable to accept your booking, we will of course return your payment to you immediately. The balance payment for all tours is due at latest 4 weeks (28 days) before departure. We will send you a reminder 1 - 2 weeks before the balance due date. If you are making your booking within this period, full payment will be necessary immediately.
3.4. Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold holidays. We will return to you the balance if our costs change significantly in your favour.
3.5. You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details.
3.6. For bookings made within four weeks of departure, we require full payment during the booking. It is also essential that you give us your passport details so that your flight tickets can be reserved correctly.
3.7. We do not make provisional bookings and we have to use scheduled flights. Availability and prices of these flights can change significantly, so we book them as soon as possible after a tour becomes viable. You are therefore liable to us for the cost of the flight as soon as you receive our invoice for the flight or the whole tour.
3.8. If you book a holiday less than four weeks prior to the departure date you must send us the full payment at the time of booking.
4.Payment
4.1. You can pay by credit card or debit card or direct bank transfer. (We accept VISA, MasterCard, Delta or Maestro, but not American Express). For payment by credit card there is a charge of 2% of the transaction amount. We do not keep your card details. We do not accept cheque payments.
4.2. Payment may be made by electronic transfer for which full information will be provided at the time of booking.
4.3. The last date for payment of the balance of the cost of your holiday will be due to us at least four weeks before the Tour Start Date. We will tell you that last date for payment after we have confirmed our acceptance of your booking.
4.4. If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
5.Surcharges and refunds
5.1. The prices given on our web site costs are current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
5.2. No matter what the increase, we shall not increase the cost less than six weeks before the departure date.
5.3. If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance we will return to you all money paid to us.
5.4. As we say on the Tour web pages, a minimum number of participants are required in order for a Tour to be viable. In the unusual event that we cancel a Tour, we shall return the full amount of your deposit or other payment.
6.Changes and cancellations by you
6.1. We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee and any additional cost of a different arrangement. Please note that an airline may treat a change as a cancellation and create a new booking, charging a 100% cancellation fee.
6.2. Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office.
6.3. We shall charge an additional sum related to the time remaining before the date of departure, as follows:
Up to 56 days:Deposit, if any
55- 41 days: 35% of tour cost
40 - 29 days:55% of tour cost
28 - 8 days:75% of tour cost
7 - 3 days:90% of tour cost
48 hours:100% of tour cost
6.4.If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.
6.5.In any circumstances giving rise to cancellation, we will consider allowing you to transfer this booking to some other person. That person must meet any conditions which may apply to the booking and you, must ask for the transfer not less than [42] days prior to the Tour Start Date.
7. Changes and cancellations by us
7.1. We reserve the right to change travel and tour arrangements. This is necessary because many of our tours involve variables which are outside our control. These include, weather, political issues, currency problems, flights and accommodation issues.
7.2. We shall tell you about small changes before departure. If we think a necessary change is important, we will tell you about it as soon as we can and give you the opportunity to either accept the change or cancel and accept a full refund.
7.3. If such problems occur during a tour, we will make alternative arrangements so as to comply as closely as possible to the description of the tour on our website.
7.4. If a problem occurs which is so serious that we have to cancel a tour before the date of departure you get a full refund of all money paid.
7.5. We are not liable to you in any circumstances for loss or damage or loss of your holiday when:
unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or
the change is not significant. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of connecting flights or other travel arrangements.
7.6. We reserve the right to cancel any Tour, for which there are not enough bookings, not less than four weeks prior to departure. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full.
You agree that all these provisions are reasonable.
8.Payment Protection
In order to comply with the Package Travel, Package Holidays and Package Tours Regulations 1992, all payments received by used for tour expenses related to booking will be held in our account until the completion of the Tour.
9.Travel Insurance
9.1. It is a condition of booking a Hillside Ventures Limited Tour that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.
9.2. Cover should be obtained not only against normal travel risks, but against additional risks appropriate to the destination country. In particular, local road transport insurance may be inadequate, so you should check that your cover includes accidents happening whilst you are a passenger in a vehicle.
9.3. We advise that you should also check that any valuable optical equipment is covered either in your travel policy or your home contents policy.
10.Passport, Visa and Health Requirements
Please note carefully:
10.1. to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
10.2. remember to apply for any necessary visa in good time;
10.3. check with your GP what vaccinations and medication you may require and allow time to obtain them. Details are also available from the National Travel Health Network and Centre www.nathnac.org.
10.4. If you need professional medical care whilst on a tour, we will try to obtain it and inform your travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.
10.5. You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company. We will give you a receipt on your return, for you to pass to your travel insurers.
11.Tour Information
Approximately two weeks before the Start Date, we shall send you a pack of information relating to your Tour.
12. Accommodation
We will arrange accommodation as close as reasonably possible to the sites we visit. Accommodation will be a mix of reasonable quality hotel and village guest house. Occasionally it may be necessary to use bed and breakfast accommodation. En-suite facilities will be provided wherever possible. We will discuss your exact accommodation requirements when you have made a booking, but please note:
12.1. we reserve the right to change accommodation to that stated on our website itineraries - (see below "changes of itinerary").
12.2. single rooms are normally available at an extra cost. However, if you so wish, it may be possible for you to share a room.
12.3. accommodation in some countries will be of a lower standard than comparable accommodation in the UK.
13.Changes of Itinerary
13.1. Despite careful planning, it is possible that a site may become inaccessible due to matters outside our control, for example through natural disaster or political turmoil.
13.2. We may therefore decide to make changes to the itinerary to accommodate different possibilities. We will tell you of any such change as soon as we decide to make it.
14.Baggage restrictions
As applied by the airline.
15.Limitations on our liability
We want you to enjoy a perfect holiday with Hillside Ventures Limited. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
15.1. any event which happens before you board our transport at the Meeting Point or after you leave our transport at departure;
15.2. any problem arising from your failure to reach the Meeting Point on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
15.3. the quality sites you see on your Tour;
15.4. any aspect of goods or services you buy or accept other than those arranged by us;
15.5. medical problems or physical difficulties, even if you have told us about them in advance;
15.6. medical emergencies;
15.7. your own carelessness or negligence in any aspect of your behaviour whilst with us;
15.8. changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
15.9. problems or issues which we could have resolved whilst on a Tour but which you raise only after your return.
15.10. injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from either:
15.10.1 the act or omission of you or anyone in your party;
15.10.2 the act or omission of a third party not connected with the provision of your holiday.
15.11. services we have not provided. The services and features included in your Tour are those specified in our web site. If you choose to buy other goods or services during your holiday, those are not part of the package we provide, even if arranged at your request through our Tour leader. Accordingly we are not liable to you for any happening in connection with that service or those goods.
16.Local standards
16.1. Laws, standards, culture and attitudes are different in many countries from what you reasonable expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.
16.2. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.
16.3. Please also note that we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
16.4. Your experience with us will be of an offbeat nature that includes some services like remote village guest house accommodation, a standard hotel accommodation based on local ratings, homemade food, street food, local transporters and local dinghies. Some of these services are either unregulated or semi-regulated. Indian tourism is not as developed and regulated as European tourism. It is about providing you a glimpse of local flavours and an opportunity to interact with local people and we would do everything in our control to ensure you have a pleasant experience.
16.5. Places you visit may not necessarily be disabled friendly and may include activities like cycling around the centre of a busy city, climbing a few hundred steps etc. If you are not able to take part in a specific activity you will not get any refund from the whole booking amount as these activities are not costed separately and are based on group bookings. Beaches without life guards and other places you visit are offbeat and may encourage you to be adventurous like taking a dip in flowing river, climbing a rock formation, which is fantastic, and we don’t mind you enjoying with gay abundance but request you to please exercise caution and use your own judgement. Hillside Ventures Limited will not be liable to any illness, injuries, death and damages arising out of these offbeat activities but will endeavour to do all possible within our control to help you as our primary goal is your wellbeing and safety.
16.6. Indian cuisine is different to what we are used to in Europe or anywhere else and uses a wide variety of nuts, seeds, spices and dairy products. We engage local villagers as not all places have modern eateries, to provide appropriate culinary experiences and endeavour to emphasise the need for basic food quality and hygiene. In rare instances discomfort can be caused by trying different type of food than you are used to, in that case we will provide necessary help required for recovery and any expenses related to this will have to be covered by you. You are free to explore different eateries for meals not included in the schedule and we would provide recommendations on request or if we have second thoughts about your choice. Our intention is not do discourage you from positive exploration and encourage you to use your own judgement while eating out.
17.Limitation of compensation by international conventions
17.1. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may be make, against us or anyone else. The most we will have to pay you for many claims for personal injury will not exceed what a carrier would pay under, for example, the Warsaw Convention or the Montreal Convention for international travel by air, or the EC Regulation on Air Carrier Liability, or the Athens Convention for international travel by sea, or the Convention on International Travel by Rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question.
17.2. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be £ 100.
17.3. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
18.Flight and other transport delays: limit of our liability
18.1. There is no guarantee that flights, trains or ferries will depart at the time specified. If they do not, we are not liable to you for any delay or cancellation or for any failure to take what you think are the best actions to have taken in particular circumstances.
18.2. In the case of air travel, the airline is responsible for providing assistance under the Denied Boarding Regulations.
18.3. Our policy if a delay occurs, is to continue with our plans until the flight (or other form of transport, if relevant) is cancelled with no suitable alternative flight being offered by the airline. However, if we considered it impossible to find a reasonable alternative form of transport, we would cancel the holiday and refund you all holiday payments.
18.4. Where any delay in returning home lasts for longer than 24 hours, the airline should continue to meet your accommodation and reasonable meal expenses. This will be the case where the airline is an EU carrier or was due to depart from an EU airport. They may, however, require you to stay at the accommodation and take the meal arrangements they provide. We regret we cannot meet such expenses where the airline does not do so, or where you choose not to accept the arrangements offered.
18.5. If you wish to find at any time to return home early or independently, for example by booking an upgrade with the airline or by organising overland travel, we will provide whatever assistance we can. All expenses involved in doing so will be your responsibility.
18.6. EC Regulation No 261/2004 (The Denied Boarding Regulations) apply where the airline is an EU carrier or the affected flight was due to depart from an airport within the EU. Where applicable, you must pursue the airline for the compensation or other payment due to you. The compensation set by the regulations is your full entitlement. It covers, for example, distress, disappointment, inconvenience or effects on other arrangements. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
18.7. If, for any reason, we make a payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you agree, when requested, to assign to us the rights you have or had to claim the payment in question from the airline.
18.8. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – “Referring Your Complaint to the CAA”.
18.9. Remember that transport and other service providers have their own booking conditions or conditions of carriage or service. You will be bound by these as far as that service is concerned. Such conditions may limit or exclude liability on the part of the relevant provider and they are often also subject to international conventions.
19.Help we need from you
19.1. Hillside Ventures Limited holidays require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of miles a day, sometimes on uneven or slippery surfaces.
19.2. To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in the UK. Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.
19.3. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.
19.4. If at any time, it is our opinion (given by any of our staff or Tour leaders) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other Tour member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.
20.Complaints
We shall try our utmost to provide a happy and fulfilling holiday, but if we fail in any way, do please raise any issue with your Tour leader immediately. If your complaint cannot be satisfied it is not dealt with to your satisfaction at the time of reporting it to the leader(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.
21.Miscellaneous
21.1. In this agreement unless the context otherwise requires:
21.1.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
21.1.2 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
21.1.3 [except where stated otherwise,] any obligation of any person arising from this agreement may be performed by any other person.
21.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.3. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
21.4. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
21.5. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
21.6. We are not liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
21.7. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.