Terms and Conditions | Bhavana Experiences

TERMS AND CONDITIONS (last updated 24/08/2022)

BHAVANA EXPERIENCES LTD

INTRODUCTION

We are Bhavana Experiences Ltd, registered number 14297964 and whose registered office is at 6 King George Avenue, Leeds, LS7 4LH, (“We”, “Us” and “Ours”) and we look forward to introducing you to India through our Group Guided Tours.

Our aim is to offer Group Guided Tours through a pre-agreed itinerary with stays in 3* hotels, resorts and camps, travelling in air-conditioned trains, private minibuses or auto-rickshaws. We intend to show you parts of India by visiting both known tourist sites as well as the many off-the-beaten-track places.

1. TERMS AND CONDITIONS

1.1 These are our Terms and Conditions, please read them carefully as they are the entire Terms of Agreement between Us and the Traveller (“You”, Your” and “Yours”) for your Tour.

1.2 The following Terms & Conditions together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking form the basis of the contract between Us both.

1.3 Please read these Terms and Conditions carefully as they set out our respective rights and obligations. In these Terms & Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

1.4 Except where otherwise stated, these Terms & Conditions only apply to the tour arrangements and itinerary agreed between us, which you book with us and pay for before departure and which we agree to make, provide or perform (as applicable) as part of this contract with you.

1.5 All references in these Terms & Conditions to “holiday”, “booking”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated. All bookings are made pursuant to these Terms & Conditions. Please be aware that your deposit and final balance payments are non-refundable.

1.6 All final balance payments are due and payable sixty days (60) prior to the departure date. All payments are non-refundable.

2. BOOKINGS

2.1 By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

2.1.1 the minimum number in the group is eight (8) people;

2.1.2 he/she has read these Terms & Conditions and has the authority to and does agree to be bound by them;

2.1.3 he/she consents to our use of information and personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

2.1.4 he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services. Persons under the age of eighteen are permitted to be booked and travel only with a parent or legal guardian accompanying them;

2.1.5 he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

3. TRAVELLERS' RESPONSIBILITY

3.1 You must follow the Tour Guides and other reasonable instructions at all times to ensure your own and the tour's safety. You acknowledge and agree that failure to do so may result in restricted access to places of interest on tour or, if necessary for your own safety and/or that of others on the tour.

3.2 All our travellers are required to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others on the tour. If we, or any Tour Guide or suppliers, are of the view that you are negatively affecting your own health, safety or environment or that of other travellers on the tour, we can require you to withdraw from the tour immediately and we will terminate your booking with us with immediate effect, at our sole discretion. We will have no further obligations to you and/or your party and we will not be liable to you for any loss, cost or damage resulting from your withdrawal. If you are withdrawn from the tour, you must make your own return travel arrangements at your own expense. No refunds for lost accommodation or any other arrangements will be made. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party joint and severably liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

3.3 You must make your own enquiries regarding your tour, including being aware of any relevant government travel or safety warnings.

3.4 If you have any special dietary requirements you must notify us at the time of booking. Whilst every effort will be made by us to try and arrange your reasonable special dietary requests, we cannot guarantee that they will be fulfilled. Failure to meet any special dietary request will not be a breach of this contract by us unless the request has been specifically confirmed by us. Confirmation that a special dietary request has been noted or passed on to the hotels or the inclusion of the special dietary request on your confirmation invoice or any other documentation is not confirmation that this request will be met. All special dietary requests are subject to availability. We cannot accept any conditional bookings. All such bookings will be treated as “standard” bookings subject to the above provisions on special dietary requests.

3.5 If you have any food allergies which may cause significant health issues, you must tell us before you confirm the booking. Whilst we will try to accommodate any such requests, it is your responsibility to ensure that you actively avoid any food you are allergic to and make all appropriate enquiries to establish the ingredients contained within any food. Neither the hotel nor us has any liability to prepare or provide special meals to meet your needs.

4. FITNESS TO TRAVEL

4.1 Fitness to travel, disabilities and medical problems

Many of our itineraries include sightseeing tours which may involve walking for periods of time. Steps and uneven ground may also feature, either as part of a tour or at your hotel. Transport, such as auto-rickshaws may also be used. This is not an exhaustive list.

4.2 It is a condition of booking that you are fit and able to take care of yourself for the duration of the tour and that you recognise that if you do have any disabilities or walking difficulties; you may find access to certain attractions difficult or restricted.

4.3 If have reduced mobility in any way, have any medical condition, or any special requirements as a result of any medical condition or disability which affects your enjoyment of the tour, it is essential you discuss this with us before making a booking so that we can assist you with the arrangements prior to making the booking.

4.4 We cannot provide individual assistance to a passenger for the tour activities. Any passengers who need such assistance with disabilities or special needs must be accompanied by a companion capable of providing all assistance throughout the tour.

4.5 We reserve the right to refuse to accept a booking from any person whom we deem cannot fully care for themselves on tour without assistance or whenever we reasonably feel unable to accommodate the needs or restrictions of any particular passenger.

4.6 You must also notify us of any changes or deterioration in your health, disability or medical condition after booking.

4.7 We reserve the right to cancel your booking and impose cancellation fees if we are not fully advised of any relevant disability or medical condition at the time the booking is made and/ or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made at the time the person concerned joins the tour as it may only be apparent at this stage that their disability or medical condition cannot be accommodated.

4.8 Any traveller affected by a disability or medical condition must ensure they have notified this to their travel insurers and that their travel insurance will cover it. We may refuse to allow you on the tour or may have to terminate your participation in the tour if your mental or physical condition is such as to render you, in our reasonable opinion or any carrier or other person in authority, incapable of caring for yourself or a hazard to yourself or other travellers.

4.9 We will not be liable for any expenses arising from you being prevented or precluded from joining or completing the tour for any such reason and no liability will be accepted or refunds or compensation will be paid. In each of the different tours offered some of the hotels and transport which we use are unfortunately unable to accommodate particular disabilities or mobility issues. This will be made clear to you at the time of booking.

5. BOOKINGS

5.1 Minimum number of bookings, for each tour is eight (8), and each tour is conditional on us securing the minimum number of bookings required to operate the tour. Unless notified otherwise, the minimum number which we aim for in respect of each tour is eight (8) travellers. Where sufficient numbers cannot be achieved, we reserve the right to cancel or change a scheduled tour. We will endeavour to make any decision to cancel or significantly change a tour no less than sixty (60) days prior to the scheduled departure date of the tour but in any event, will notify you no less than thirty (30) days prior to the departure date of the tour.

5.2 If you are offered a new travel date as a result of this clause 5, it is your responsibility to advise your travel insurance company of your new travel dates. We are not liable for any loss in failed insurance claims if you fail to do this.

5.3 You expressly agree that Bhavana Experiences Ltd may use your image in the form of photographs and/or video, taken during the tour, for the use of media promotions, such as but not limited to, social media, website and brochures by and on behalf of the Company. You may opt-out of this by emailing ruby@bhavanexperiences.com

6. PAYMENT

6. 1 Making payment for your booking and tour. To secure your booking, you must pay a non-refundable deposit of 25% of the full tour amount or full payment if booking sixty (60) days or less before the start of the tour. All payments are non-refundable.

6.2 The deposit or full payment, as applicable, must be received by us within sixty (60) days of booking to ensure your place on the tour is held. Bookings will be automatically cancelled if the applicable deposit or full payment, as applicable, is not received by us within this sixty (60) day period and we will have no further liability to you. We will not refund your deposit in such circumstances. Deposits are non-transferable and non-refundable except as expressly set out in these Terms & Conditions.

6.3 The balance of the tour price (after deduction of the applicable deposit) must be received by us no less than sixty (60) days prior to the start of your tour. If we do not receive all payments due in full and on time, we are entitled to believe that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation fee which is the full amount due and payable for the tour.

7. BOOKING CONFIRMATION

7.1 Your contract, subject to availability, we will confirm the booking by issuing our receipt of payment. This receipt will be sent to the lead name on the booking (“Lead Name”). On receiving, if you believe that any details on the receipt are incorrect you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten (10) days of our sending it out.

7.2 A binding contract between you and us comes into existence when we dispatch our confirmation invoice for all bookings.

8. WHAT IS INCLUDED IN YOUR TOUR

8.1 Prices shown on the website are correct at the time of publication. We reserve the right to alter our advertised (website) tour prices, introduce supplements or correct pricing errors at any time before your booking is confirmed. We also reserve the right to correct any errors in any tour price and are not legally bound in the case of incorrect pricing and acknowledgement of such an error does not mean acceptance of it. We will advise you of any error of which we are aware and of the revised applicable price at the time of booking.

8.2 We guarantee that no surcharge will be added to the basic price of your holiday once your booking has been confirmed, the exceptions to this price promise are as follows:-

8.2.1 Surcharges which are a direct consequence of changes in the level of taxes or fees chargeable for services applicable to the tour imposed by third parties not directly involved in the performance of the holiday, including tourist taxes or other local taxes. Where such circumstances apply, you will be charged for the amount of any increase in accordance with this clause. Should you decide to cancel for this reason, you must exercise your right.

8.3 Please note that before you travel you should ensure that you and each member of your party have purchased suitable travel insurance. Where you and/or a member of your party are forced to cancel your tour due to illness, we will be unable to refund any monies paid (outside the scope of our Terms & Conditions) and will direct you to your travel insurer.

9. VARIATION OR CANCELLATION OF YOUR TOUR

9.1 Variation or cancellation; as we plan your tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. We reserve the right to alter or change the accommodation, carriers, vehicles, or any other service(s) which form part of any tour at any time for any reason and cancel or alter the itinerary and/or tour at any time without notice as we consider necessary for any reason whatsoever including road, weather or traffic conditions, non-performance of suppliers, industrial action, operational conditions and requirements, water level problems, excessive winds or Force Majeure. Errors in the details of advertised and/or confirmed tours and/or other details occasionally occur and we reserve the right to correct these whenever they occur.

9.2 Most changes made to a confirmed tour are minor. If we make any minor changes to your tour, we will inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Such minor changes could be changes of accommodation to another of the same or higher standard.

9.3 Occasionally, we have to make a significant change to or cancel a confirmed tour and we reserve the right to do so. A significant change is a change made before departure which, taking account of the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a significant effect on your tour. Examples of “significant changes” include the following, when made before departure:

9.3.1 A change of accommodation area for the whole or a significant part of your time away.

9.3.2 A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

9.3.3 A significant change to your itinerary, missing out on one or more destinations entirely.

9.4 We will not cancel your travel arrangements less than sixty (60) days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. Please read clause 6 for full payment terms.

9.5 You will receive a full refund from us only if we have to cancel your tour.

9.6 Cancellation by you, if you wish to make any amendments to your confirmed booking you must notify us in writing as soon as possible. Whilst we will do our best to assist, it may not always be possible to make such amendments. Where we can, an amendment fee of £75 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our hotels or transport suppliers in making this change.

9.8 A change of tour dates will be treated as a cancellation of the original booking and rebooking in which case cancellation fees will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation. A cancellation fee, which will be the full amount of the tour price will be payable in accordance with these Terms & Conditions.

9.9 If you or any member of your party is prevented from travelling, even if you contract Covid-19, that person(s) may transfer their place to someone else, subject to the following conditions:

9.9.1 that person is introduced by you and satisfies all the conditions applicable to the holiday;

9.9.2 we are notified not less than seven (7) days before departure;

9.9.3 any outstanding balance payment is made upon the transfer, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

9.9.4 the new traveller agrees to these Terms & Conditions and all other terms of the contract between us.

9.10 You may cancel the booking by notice to us in writing; this may be by letter or email, and payment of the applicable cancellation fee as shown below. Cancellation notifications are not effective until received by us in writing. Should one or more members of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. Any cancellation after sixty (60) days from departures where you have paid the full tour invoice, there is no refund offered, we strongly suggest that any insurance policy your take covers such circumstances, including Covid-19 cover.

9.11 Itinerary changes and travel advice, during local or national holidays, certain facilities such as museums and restaurants, sightseeing tours and shopping may be limited or not available. Alternatives will be offered if possible.

9.12 Your safety is our first consideration and if the Foreign, Commonwealth & Development Office (FCDO) advises against travel to a certain country, we act on this advice. The FCDO issues regular advice and updates on its website which you are recommended to consult before booking and in good time before departure. You are responsible for making yourself aware of FCDO advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.

9.13 This clause 9 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10 LIABILITY

10.1 Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay, but no later than five (5) days after the end of your tour of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms & Conditions and the extent to which our or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us on a full indemnity basis.

10.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it results from:

10.2.1 the acts and/or omissions of the person affected; or

10.2.2. the acts and/or omissions of a third party both connect and unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable including but not limited to camel rides, 4x4 safari cruises and Jeep safaris; or

10.2.3 Force Majeure.

10.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause for:

10.3.1 loss of and/or damage to any luggage, personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required as a term of this contract to have adequate insurance in place to cover any losses of this kind.

10.3.2 Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

10.3.3 Claims in respect of any stay in a hotel, the excess of the insurance policy.

10.4 Please note, that we cannot accept any liability for any damage, loss or expense or other sums (s) of any description:

10.4.1 which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

10.4.2 relate to any business;

10.4.3 indirect or consequential loss of any kind.

10.5 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website.

10.6 Where it is impossible for you to return to your departure point as per the agreed return date of your tour, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, and significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions.

11. TRAVEL INSURANCE

11.1 Risk and travel insurance; you acknowledge and accept that there are inherent risks associated with our tours, for example, events of Force Majeure, hazards of travelling in undeveloped areas, travel by boat, train, automobile or other means of transportation particularly in underdeveloped countries or more remote locations, forces of nature, political unrest and accident, illness, epidemics or pandemics in regions without means of rapid evacuation or medical facilities. We cannot accept any liability regarding the provision of medical care or the adequacy of any care that may be rendered where it is provided by third parties.

11.2 It is a condition of your booking and your responsibility to ensure that you have sufficient and valid travel insurance to cover your booking. We reserve the right to decline your booking if adequate proof of such current and valid travel insurance is not provided to us if requested.

11.3 It is a term of this agreement that you take out appropriate travel insurance to cover as a minimum: pre-existing medical conditions, medical expenses, repatriation in the event of accident or illness, cancellation by you for any reason, cancellation charges, loss of luggage, early return following death of a relative as defined in the respective proposal forms or emergency repatriation, for example in the event of accident or illness. It is your responsibility to ensure that the insurance fully covers all your personal requirements and the specific risks outlined above. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses no matter how arising, in respect of which insurance cover would otherwise have been available. If you have any questions, these should be raised with your travel insurance provider.

12 TRAVEL TO THE COUNTRY OF THE TOUR, PASSPORTS AND VISAS

12.1 You must have a valid passport with at least 6 months of validity following your return date. It is your responsibility to ensure any visas required for countries to be visited on the tour have been obtained prior to the tour departure date. Failure to obtain correct documentation, visas and/or any other requirements for travel will mean that you may be unable to board. We accept no liability for this, and no cancellation or refund will be provided under these circumstances.

12.2. Flights, passport, visa entry and any Covid-19 testing or certificate requirements and costs are your sole responsibility. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant airlines, Embassies and/or Consulates as applicable. Requirements do change and you must check the up-to-date position in good time before departure. We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalties being imposed on us, you will be responsible for reimbursing us accordingly.

12.3 Vaccines, medication and medical services, health facilities, hygiene and disease risks vary from time to time. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions for the country you are visiting and ensure that vaccinations or preventative measures are taken early enough to be fully effective by the date of travel. You should take professional health advice about your specific needs as early as possible and confirm that advice has not changed, prior to your departure.

12.4 It is your responsibility to ensure that any medication you need to carry is permitted to be taken into the countries you are visiting. We recommend you consult with your GP or medical professional and the relevant embassy before booking and review in good time before your departure as advice may change. Any medical services and costs required on tour are at your expense. We strongly recommend suitable and adequate travel insurance which includes full medical cover.

12.5 If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Subject to the other terms of these Terms & Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements.

12.6 Some services which make up the tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

12.7. These Terms & Conditions may be subject to amendment from time to time, we will supply you with written notice of any changes.

13. GENERAL

13.1 This agreement constitutes the entire Agreement between us and the traveller and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representing and understanding between them, whether written or oral, relating to its subject matter.

13.2 No variation of this Agreement shall be valid or effective unless agreed by both us and the traveller and in writing and is duly signed.

13.3 Us and the traveller acknowledge and agree that they do not rely on any other Agreement, understanding, custom and practice or any other such thing in relation to this Agreement and its content.

13.4 There is no right to assign any of the obligations under the Terms of this Agreement, by either us or the traveller of any part or the whole of this Agreement to any other party without the prior written consent of the other Party. The Contract (Rights of Third Parties) Act 1999 is therefore excluded.

13.5 Any clause by its intention or words which is intended to survive termination of this Agreement, however, terminated, shall do so.

14. SEVERANCE

14.1 If any provision or part provision thereof of this Agreement is held to be invalid or unenforceable by any court of competent authority such provision will be deemed removed from the Agreement and the remaining, provision or part provision thereof shall not be affected.

14.2 If the whole of any provision or clause or part thereof is deemed invalid or unenforceable the Parties agree to replace it, as near to the original as practicably possible, with such replacement provisions as the clause may legally constitute and be enforced as near to the original meaning as possible. Such invalidity or unenforceability shall not affect the validity or enforceability of any other clause or provision.

15. NOTICES

15.1 Any notice shall be in writing addressed to the other Party at such address as may, from time to time have been notified for this particular purpose. Notice shall be deemed to have been received;

15.1.1 Sent by email, delivery is deemed at the time an express non-automated acknowledgement is received, from the intended recipient.

16. WAIVER

16.1 A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. Nor shall any delay in exercising any rights, under this agreement be deemed a waiver of such rights or remedy nor shall it prevent or restrict any further exercise of that or any other right or remedy.

17. ESCALATION PROCESS

17.1 The parties shall attempt to resolve any dispute, controversy or claim arising out of, or in connection with, or relating to this Agreement, whether sounding in contract or tort and whether arising during or after the termination of this Agreement (each, a “Dispute”) in accordance with the following procedures: Upon written request of any party, a representative of each party, shall arrange and attempt to resolve any dispute within fourteen (14) days after the party’s written request was made, then any party may commence and follow the Dispute Resolution procedure relating to such dispute, as detailed in clause 18.

18. DISPUTE RESOLUTION

18.1 It is acknowledged and agreed by us and the traveller that any dispute, claim or controversy arising out of or in connection with these terms or breach, termination, enforcement, interpretation or validity thereof, or the use of the Services supplied through this Agreement (collectively “ Disputes “) shall be submitted to arbitration and will be settled by binding arbitration.

18.2 If us and the traveller do not agree upon an arbitrator, either party may request a nomination from the chair of the arbitration.

18.3 Us and the traveller agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendations will be adopted.

18.4 Us and the traveller agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened breach.

18.5 Us and the traveller acknowledge and agree that each of us is waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.

18.6 It is agreed and acknowledged unless both of us otherwise agree in writing; the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

18.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.

18.8 Except as provided in clause 18.6 and 18.7, this “Dispute Resolution” section will survive any termination of these terms.

19. ELECTRONIC SIGNATURE AND COUNTERPART

19.1 This Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which, when executed and delivered, shall be an original, but all the counterparts together shall continue on and shall be the same Agreement.

19.2 Us and the traveller acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature. Without limitation, an “Electronic Signature” shall include faxed versions of an original signature, electronically scanned and transmitted versions of an original or any other electronic means.

20. GOVERNING LAW AND JURISDICTION

20.1 This Agreement shall be governed by and construed under, in all respects, the Laws of England and Wales.

20.2 The traveller hereby submits to the exclusive Jurisdiction of the Courts of England and Wales, whether or not any dispute is directly or indirectly related to this Contract.

21 FORCE MAJEURE

21.1 “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include, but are not limited to (whether actual or threatened) war, terrorism, fire, chemical or biological disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, pandemics plagues (including, but not limited to the ongoing effects of Covid-19 and/or any other strain of the coronavirus) or natural disasters such as floods, earthquakes or weather conditions including those which are typical of the country of travel, which make it impossible to travel safely to the travel destination or remain at the travel destination, loss of power, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, government agencies or other authorities, inability to obtain any necessary licence or consent through no fault of ours and any other event or circumstances beyond the control of us or any supplier of any part of your tour.

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