Terms and Conditions

BOOKING CONDITIONS

Definitions
Boutique India “BI”: A trading name of Boutique Holidays Limited, a UK resident company. Referred to as BI or Boutique India within this contract.
Tour operator: Principal organiser of a number of elements of a holiday, eg. hotel, ground handling, travel and domestic flights within India.
Flight Consolidator: A company which buys flights from airlines and sells direct to customers.

Deposit: 25% of the total value of each package holiday, namely accommodation and ground arrangements, booked with Boutique India or a minimum of £300 whichever is the greater. This excludes flights.
Where Boutique India acts as an agent the deposit will be only 25% of the total value of the one arrangement.
Total price: The combined total cost of each arrangement booked through Boutique India.
Package: Combination of 2 or more arrangements eg. Accommodation, activities and land arrangements. This does not include flights.
Domestic flights: A flight within India booked through Boutique India where it is acting as an agent for the ground handler.
Supplier: Provider of any arrangement eg. hotel, activity, ground handler.
Ground handler: Provider of land arrangements and domestic flights in India. The clients first contact point in India.
Travel agent: any retail agent with whom a holiday is purchased as provided by Boutique India either as a Tour operator or agent.


1. GENERAL

The www.boutiqueindia.com website service is operated by Boutique India (‘BI’).

2. YOUR CONTRACT

2.1 If you book only one type of arrangement with Boutique India (for example a hotel only), Boutique India acts only as a booking agent for the supplier of that arrangement your contract for that arrangement is with the supplier. The suppliers own terms and conditions would apply in addition to BI’s booking terms and conditions.

2.2 In all other cases your contract will be with Boutique India acting as a Tour operator.

2.3 Where domestic flights within India are booked as part of a package holiday, BI is acting as an agent for the supplier and Indian ground handler. Your contract is with the ground handler and their terms and conditions plus that of the airline will apply.


3. BOOKING CONFIRMATION AND PAYMENT


3.1 Only after e-mail/written booking confirmation has been sent to you and the payment required at the time has been paid to BI will your reservation become confirmed.
Payment terms are as follows for bookings accepted by client:

• Greater than 56 days prior to your departure date to India, BI requires a deposit of 25% of the total value of any booking (excluding Domestic flights) or £300 per booking whichever is the greater plus any advance payments required by the supplier(s). All balance payments are due to BI 12 weeks prior to their departure date to India.

• Where BI is acting as an agent if 25% of the total value of the booking (excluding domestic flights) is less than £300, BI requires payment in full. All balance payments are due to BI 12 weeks prior to their departure date to India.

• Less than 56 days prior to your departure date to India or arrival date at a supplier in India where BI is acting as an agent, BI requires payment in full for each arrangement booked.



• Domestic flights are purchased on-line by the ground handler and e-tickets will be provided to the client within 24hours of the booking acceptance. Accurate booking offer prices are not possible. Where a domestic flight booking offer is accepted and paid in full and the final booking price is different to the booking offer price, a refund or further charge will be advised to the client and ratified in the final balance payment. The difference will be no more than 5%. Where the client has paid for their holiday in full, a further charge /refund for the domestic flight price difference will be levied.

3.2 The amount of the deposit, whether paid separately or as part of the total quoted cost of the holiday/tour/ single arrangement, is non returnable.


3.3 If you fail to complete payment by the due date of any amount due, BI reserves the right to withhold confirmation of your reservation and/or to cancel it and to levy the cancellation charge in accordance with Clause 7.
If you arrange your holiday directly with BI, all correspondence and other communication will be sent to the email address of the registered traveller, named in the booking confirmation. This address may be changed at any time on the website. A postal address will be required for emergency reasons.

3.4 If your booking is made through a UK travel agent, BI will address all communications to that travel agent. All monies paid by you to a travel agent under or in contemplation of a contract with BI will be held by the travel agent for BI until such monies are forwarded to BI.

3.5 All balance payments due to BI 12 weeks prior to the departure date to India, will be requested by BI via e-mail. A reminder email will be forwarded to the registered e-mail 13 weeks and 14 weeks prior to the departure date. The e-mail will contain a link to the BI website and the registered client’s account to enable direct payment of the balance.



4. PAYMENT CURRENCY

4.1 Any amount payable to BI is to be made in sterling.
The exchange rate at the time of the holiday booking and transactions will be taken as published on the website on that day. This will apply for the deposit and balance payment should these payments be at separate times.
Rates on the website are calculated in accordance with the daily exchange rate published on the website.

4.2 BI reserves the right to add an additional charge onto holiday bookings made with BI if the exchange rate has increased by more than 2% since the initial booking was made. The client has the right to cancel the holiday booking, with a full refund less the deposit and any hotel advances.

5. TRAVEL INSURANCE

5.1 All individuals the subject of any booking confirmation must be covered by comprehensive travel insurance that covers personal liability, personal accident, medical expense (including medical air evacuation) and cancellation in terms no less than those offered by BI’s recommended insurers.

5.2 BI carry no liability for any negligence by the hotels or supplier in their country. BI’s contract confirms that all liability lies with the supplier and that the suppliers have each confirmed that they have up to date public liability insurance.



6. FLIGHT CONSOLIDATORS AND OTHER SUPPLIERS

6.1 As between you and the suppliers of transport, accommodation and other elements of your holiday, the conditions of the supplier will apply. These conditions may be subject to International Conventions which limit and/or restrict each supplier’s liability. The payment and cancellation policies of these suppliers will be as per clause 6.0 unless stated otherwise at the time of booking.

6.2 Transport timings are provided by the supplier concerned and are subject to such matters as maintenance requirements, passengers’ ability to check in on time, weather conditions and, in the case of flights, to Air Traffic Control restrictions. Accordingly, the time of flights and other forms of transport are estimates only and are not guaranteed.

6.3 Some activities involve inherent risks and if you are participating in such activities you may be asked by the local supplier to sign an additional form in connection with such risks. In some cases beginners may be obliged to take lessons at a charge before being allowed to use equipment otherwise provided without charge.

6.4 BI has preferred flight consolidators for flights into India from UK who can offer a holding service upon quoting. All payment and booking confirmation is made direct with the supplier. BI’s recommended flight supplier is Esher Travel Limited trading as Sri Lanka Tours / Taprobane Travel, a fully bonded flight consolidator and the long haul UK to India flights only are protected by their ATOL by the bonding scheme administered by the Civil Aviation Authority (CAA). Their ATOL licence number is 74136. For more information about the protection offered by CAA, please visit www.caa.co.uk. Please note that no ground handling arrangements or domestic flights are protected under this ATOL licence. All ground arrangements (excluding domestic flights) are protected by BI’s tour operator insurance as detailed in clause 6.6.

6.5 BI uses a local ground handler for the provision of domestic flights within India. All quotes on the website are approximate as they are internet based airlines. All prices can only be confirmed upon booking. Any difference in the final price will be corrected against the balance total for your holiday or charged again if the holiday is booked within 8 weeks of travel. All tickets for domestic travel will be provided to the client within 24hours of the booking acceptance. Domestic flight carriers require full payment in advance and have separate cancellation terms, stated at the time of booking. These flights are not covered by ATOL.

6.6 In accordance with EC Directive 90/314/EC passengers booking a package (accommodation and ground travel but excluding flights) and identified as being covered by Status Management insurance with BI are fully protected against loss of all monies paid to BI for the holiday (and repatriation if required) due to insolvency, by way of an insurance Policy with Contractors Bonding Limited of Tower 1, Shortland Centre, 51 Shortland Street, PO Box 3772, Auckland, New Zealand until 14th August 2008. From 15th August 2008 the insurance policy will be with IGI Insurance Company Limited, Market Square House, St James Street, Nottingham, NG1 6FG. The administrator of the scheme is Status Insurance Management Ltd., PO Box 2256, Billericay, Essex CM12ODH. Status Insurance Management Ltd is authorised and regulated by the Financial Services Authority. Contractors Bonding Ltd is a New Zealand registered insurance company and subject to the regulations and supervision of the insurance and Superannuation Unit of the New Zealand Ministry of Economic Development. This insurance protects ground handling arrangements ie land transport and accommodation in the country of destination. This insurance does not cover long haul flights or domestic flights bought via BI as a flight agent for the ground handlers. Long haul flights the supplier providing the flights direct to the customer and BI recommend that this supplier should carry ATOL insurance cover as detailed in clause 6.4






7. CANCELLATIONS AND AMENDMENTS


Cancellations by you:
7.1 Any cancellation of any element of the holiday booked with BI where they are acting as an agent or tour operator by you shall be made in writing and addressed to BI at 85 Melton Road, West Bridgford, Nottingham , NG2 6EN, England and by e-mail to enquiries@boutiqueindia.com or pre-paid delivery post. Such a cancellation shall take effect on the day when it is received by BI. Unless notified otherwise in the Booking offer, such cancellation shall result in a minimum of £300 admin/ person or the deposit (whichever is greater) fee plus any supplier advance paid on behalf of the client to the supplier being non-refundable and a cancellation charge at the following rates:

Cancellation:

Less than 56 days prior to departure date - 50% of total package cost
Less than 30 days prior to departure date - 75% of total if booking for a package tour or 1 night hotel charges in case of hotel only bookings
Less than 14 days prior to departure date – 100% of total quoted cost .

7.2 Re-booking following a cancellation:
In the event of you cancelling a booking and wishing to re-book an alternative, this will be subject to the cancellations terms within these conditions. BI may use its discretion to transfer some or all of any cancellation admin fee paid by you to the alternative booking.

7.3 Any cancellation of domestic flights are subject to the cancellation terms of the domestic flight consolidator/ supplier.


Cancellation by BI:
7.4 BI will use its best endeavours to make alternative provisions for the parts it is obliged to cancel.
However, without prejudice to the provisions of Clause 2.0, BI’s liability in respect of any cancellation in whole or in part of a confirmed booking other than a cancellation by you shall be limited to the refund of the proportion of the total quoted cost which relates to the part(s) cancelled EXCEPT that there shall be no such liability if the cancellation is due to Force Majeure. For the purpose of these Conditions, Force Majeure means unusual and unforeseeable circumstances beyond BI’s control the consequences of which neither BI nor its suppliers could have avoided, including, but not limited to, war, threat of war, riot, civil strike, terrorist activity (actual or threatened), industrial dispute, natural or nuclear disaster, fire flood, drought or adverse weather conditions.

Amendment by you:

7.5 If you wish to alter your booking once confirmed, BI will endeavour to assist you provided the request for amendment is in writing and made by the person who made the original booking. There will be a charge of £50/ person made by BI for this service together with any out of pocket expenses incurred or cancellation terms enforced by the hotel. It may be treated by the supplier or any more than one of them as a cancellation and re-booking in which case a cancellation charge may be levied as set out in clause 7.1.

7.6 However, in certain circumstances, if you are unable to take your holiday it may be possible to arrange a transfer of your booking to another person. Please note that in such circumstances airlines, particularly, sometimes charge a 100% cancellation fee plus the cost of a new booking.

7.7 If you are unavoidably prevented from taking your holiday, by reasons of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to BI (although it should be noted that some suppliers including airlines will consider the change of name as a cancellation, thereby attracting the cancellation fees at that stage), provided that:

i) you request the transfer in writing and you allow reasonable time for the changes to be communicated to, and accepted by, our suppliers
ii) your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from BI, full details of the person replacing you, and any balance due for the contract price.
iii) Your replacement agrees to be bound by these booking conditions.

7.8 You and your transferee shall be jointly liable to BI for the balance of the contract due, together with any additional charges imposed by our suppliers providing the component parts of your booking.

7.9 Note: None of the above will apply in respect of alterations requested after departure to India for the booked holiday.

Amendment by BI:

7.10 BI reserves the right to change any of the information (including prices) contained in its web-site, brochures, itineraries or booking offers especially if such information has been altered by any of its suppliers.

7.11 Even after any booking has been confirmed, BI may occasionally have to modify your booking before the departure date. If the required modification is significant, BI will notify you as soon as possible and will make you the following alternative offers:

(1) To accept the offered modification,
(2) To change your booking to another,
(3) To cancel your booking of the relevant part with a full refund of the cost of that element.

If you choose option 2 and the alternative is more expensive you must pay the increase or, if cheaper, the difference will be refunded.
If you choose option 3 and the significant modification was caused by other than Force Majeure, you will receive compensation calculated as follows:

Cancellation date Compensation

Over 42 days prior to departure - £10
29 to 42 days prior to departure - £20
15 to 28 days prior to departure - £25
14 days or less prior to departure - £30

BI shall not be obliged to pay compensation if the modification is minor.

7.12 Where any element of the booked holiday can not be offered by the supplier ie hotel or ground handler, once the client is in country, an upgrade alternative will be provided. Where that is not possible the supplier will compensate the client directly. BI accepts no liability for these changes once the client is in country, except in the instance of the supplier going into receivership.

8. STANDARDS

8.1 BI makes all reasonable checks through its Ground Handler to ensure that suppliers maintain appropriate standards.




9. WEBSITE

9.1 Nothing on BI’s website constitutes an offer on BI’s part. At most it is an invitation to you to make an offer to purchase products on the applicable terms and conditions. All products featured or referred to are subject to availability and no warranties promises or representations are given.
Even a suggested itinerary only contains estimated prices which can be altered up to date of BI’s confirmation.

9.2 Our descriptions of hotels and activities and regions on the website are subjective reviews and we are not liable in respect of any description.

10. PRICE POLICY

10.1 BI is not obliged to give a breakdown of the individual costs involved in a total holiday package offered to you.

10.2 BI reserves the right to notify you of any increase in the quoted price before confirming your booking.

10.3 Even after a booking has been confirmed the total cost is the subject of possible surcharges, due to adverse effects of the exchange rate, to a limited extent. BI will not reduce any quoted prices if the exchange rate value of £1 sterling increase against any relevant currency. All payments will be converted to sterling on the day of the payment transaction using exchange rates quoted on the website checkout page.

10.4 If the surcharge would increase the total holiday price by 2% or more BI reserve the right to revise the invoice for this additional cost.
The client may avoid this surcharge by making the balance payment in full within 7 days of the date when the revised invoice was sent.
Alternatively, you may opt to pay for your holiday in full at the time of booking. If you do so, your holiday cost will remain the same and will not be affected by any surcharge. In order to qualify for this, the customer must advise the BI consultant by email on the day of booking and payment of deposit.


11. SECURE SERVER

11.1 Any credit card information provided by you will be handled on a secure server using 128-bit SSL technology. Your connection to the secure server is indicated on most browsers by a closed padlock.
The information on the secure server may be used by BI for any of the following purposes:
(1) The provision by BI of services as stated in these Terms and Conditions.
(2) The notification to you by e-mail of marketing information including possible opportunities PROVIDED THAT you have not expressed a wish (by ticking the opt out box) not to be so provided with such information.
(3) The notification to you by other means (e.g. direct mail) of similar marketing information (including marketing with third party partners) PROVIDED THAT you have expressed a wish (by ticking the option in box) to be provided with such information.
(4) BI use Protx secure payment processing and merchant payments are cleared by Barclays Merchant Services. All credit/ debit card payments are authenticated using their terms and conditions and in accordance with merchant law.


12. LIMITATION OF LIABILITY

These limitations are in addition to the limitations pursuant to the Companies Act 1948 and associated legislation.

Although BI makes every effort to ensure the accuracy of the information contained on its web-site, BI shall not be responsible for any errors omissions or changes which may have occurred. All recommendations, opinions and prices regarding properties and other products displayed on this web-site are provided for guidance only.
Web-site www.boutiqueindia.com contains links to third party sites but BI does not control those web-sites and is not responsible for their content.
BI categorises hotels on its rating system to give a general guide. These are not official local ratings and customers should be aware that standards can vary between hotels of the same class in different countries and even in the same country.
No liability is accepted for the actions or omissions on the part of our hotel/product suppliers in respect of accommodation or otherwise. The choice of accommodation or any other product is at your own risk or is subject to the terms and conditions of each relevant supplier (copies can be provided upon request). In particular, BI does not accept any liability arising from an excursion booked locally and not through BI.
In any event, any liability of BI in the case of each confirmed booking shall not exceed the amount of deposit paid in respect thereof.
Any such liability is further limited to the maximum amount of liability of any hotel or carrier (road, rail or otherwise) pursuant to any national or international Legislation or Convention.


13. YOUR RESPONSIBILITIES

You are responsible for:
Checking and complying with passport, visa and health requirements. BI does not accept liability if you fail to do so and no credit or refunds will be given.
Complying with flight check-in requirements and no liability is accepted by BI if you fail to do so and no credit or refund will be given.

14. BI’S OTHER RESPONSIBILITIES

14.1 To provide you with detailed itinerary information (including BI’s local representative’s contact details) in good time prior to your departure date.

14.2 At BI’s discretion, to offer assistance (but not pay the costs involved) in the event of death, injury or illness of a participant during your holiday but only if requested during the continuation of the holiday.

14.3 BI accepts liability for any loss you may suffer if any part of the holiday arrangements you book with BI before departure is not of reasonable standard. However this acceptance of liability does not apply if there has been no fault on the part of BI or its suppliers and loss, death or personal injury suffered is attributable in whole or in part to your own acts or omissions or those of a third party not involved in providing the elements of your holiday or to unusual or unforeseeable circumstances which could not have been expected or exercise of due care. With the exception of fraudulent misrepresentation and death or injury caused by negligence, it is also conditional upon your following the procedure for notification of complaints and upon your assignment to BI of any rights you may have against any other person whose acts or omissions have given rise to BI’s liability.

14.4 BI’s liability to compensate you and the amount of the compensation is also subject to the following limitations:

(1) In the case of damage other than death, illness or personal injury, compensation is limited to a reasonable amount having regard to such factors as the cost of the holiday and the extent to which your enjoyment of the holiday was affected.
(2) In all cases, compensation is also limited in accordance with the provisions of all International Conventions relating to transportation and accommodation including the Warsaw Convention 1929 (as amended), the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. Copies are available on request – allow 28 days for delivery.

15. PROBLEMS OVERSEAS
If you are unhappy with any aspect of BI’s arrangements while you are on holiday, you must address your complaint immediately to BI’s local representative and to the management of the hotel or other supplier whose services are involved. If the problem cannot be resolved locally and you wish to complain, full details must be sent to BI to resolve the problem immediately and /or investigate it properly. In consequence this may affect your rights under this contract.


16. COPYRIGHT

The copyright and all other intellectual property rights in all of the material on this web-site are owned by BI or the material is included with the permission of the owner of any such right. As a visitor to the site, you may use material on it for your own private purposes but copying of any part for commercial or business use is strictly prohibited.

17. GOVERNING LAW AND JURISDICTION

These terms and conditions are subject to English Law and the English Courts shall have sole jurisdiction.

18. RECOMMENDATION

Public holidays:
Virtually all countries have public holidays, religious or otherwise. These may disrupt your holiday temporarily and some religious holidays in Muslim countries may result in a reduction of facilities and entertainment. Others may result in traffic congestion, closure of shops, restaurants and other facilities. This should be taken into account when selecting your departure date.

19. PRIVACY AND SECURITY

We undertake not to provide your personal information to any third party except for your selected hotel and other service provider as stated in these terms and conditions.

We will continue to provide you with updated e-mails about our services unless you indicate by ticking the appropriate box that you do not wish to continue to receive these.

You will have the opportunity to submit comments on our featured suppliers although we reserve the right to decide whether or how such information is used.

We are registered with the data protection registrar and operate in accordance with data protection legislation.