5 Right to Refuse Service:
Despite having a confirmed booking, the Company reserves all rights to refuse services to any guest under the following circumstances –
5.1 Guest who misbehaves/manhandles/harasses and/or are causes nuisance to other guests.
5.2 Guests who are suspected to be infected by a contagious disease, unless a medical record to the contrary is produced.
5.3 Guests with criminal antecedents and those evading authorities.
5.4 Any guest, continuously violating the Company Policy and/or engages in any unlawful activities.
5.5 Any guest, who misbehaves with staff of the Company/hotel/cruise/vehicle.
5.6 Any guest refused service on any of the abovementioned grounds shall not be entitled to claim any refund.
Note: 1) The above list of circumstances are only illustrative and not exhaustive.
2) Such refusal of service shall not be discriminatory in nature, and done only as a precautionary measure to safeguard the interests of other guests and staff members.
6 Force Majeure:
6.1 In the event where the Company is unable to conduct the tour package despite a confirmed Booking, due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the Company, the Company shall promptly intimate the guest regarding the Force Majeure event and cancel the booking with immediate effect. The Company shall be fully exempted from performance of the terms and conditions of the Bookings Agreement and this Policy for the entire duration of the Force Majeure event.
6.2 If the Company cancels the booking due to a Force Majeure event, the guest is entitled to refund after a deduction of the cancellations charges as stipulated in Clause 3 of this policy.
6.3 In the event where the guest is unable to undertake the journey to Andaman due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the guest, the guest shall promptly intimate the Company regarding the Force Ma?eure event and request for a rescheduling of the Bookings. The Company shall be legally entitled to made deductions in accordance with Clause 3 of this policy.
6.4 In the event where the package is already underway during the Force Ma?eure event, the guest shall be liable to pay the additional charges for all extra services availed during the Force Ma?eure event, and adhere to all other terms and conditions of this Policy.
7 No Liability on Valuables:
7.1 The Company assumes no liability for lost, misplaced, stolen or damaged valuables belonging to the guests during the itinerary.
7.2 The Company is not responsible for any valuables or belongings left behind by the guest at any hotel, cruise, taxi, etc.
8 Liability of Guest:
8.1 Irrespective of the nature of booking, the guests shall be held directly liable under civil and criminal laws of India for any loss caused to the Company owing to any negligent act or omission on part of the guest.
8.2 The Company shall be entitled to recover damages and compensation from the guest due to any such loss caused by the guest.
9.1 The Company shall not be held liable for any injury or loss suffered by the guests while engaging in any activity/service offered by a third-party, such as bike/taxi rentals, scuba diving, snorkeling, boat excursions, etc.
9.2 The Company shall not be held liable for any injury or loss suffered by the guests during their stay at any hotel, resort, homestay, etc.
9.3 The Company shall be fully indemnified from any such claims arising from the activity/services rendered by the third-party, even in the event where the Company referred such third-party to the guest.
10 Data Privacy
10.1 The Company shall be entitled to collect personal data of its guests in the course of rendering its services.
10.2 The Company shall protect such personal data and take all precautionary steps to ensure that such data is contained safely.
10.3 The Company shall not be liable for any data-leak or data-theft which occurs despite its best efforts to protect such data. The guests shall have no legal right to claim damages against the Company in the event of such data-leak or data-theft.
11 Dispute Resolution & Exclusive Jurisdiction:
11.1 Any dispute between the guest and the Company shall be immediately reconciled by a representative of the Company in an amicable manner.
11.2 In the event of failure of reconciliation within a period of (seven) 7 days from the date of dispute, the matter shall be referred for arbitration, to be conducted by a sole arbitrator appointed by the Company, or the jurisdictional Courts in Port Blair.
11.3 The arbitration shall be held in English language, and the seat of Arbitration shall be at Port Blair.
11.4 The International Chamber of Commerce (ICC) Rules of Arbitration shall be applicable to such arbitration.
11.5 Despite the booking(s) being made by guest in any part of India or any part of the world, all disputes arising from the bookings and this policy shall be subjected exclusively to the jurisdictional Courts of law in Andaman & Nicobar Islands alone.
12 Waiver of Rights Under the Consumer Protection Act, 2019:
12.1 The guest hereby knowingly, voluntarily and intentionally relinquishes, abandons and waives his/her right to file a Complaint under Section 35 or 47 of the Consumer Protection Act, 2019, in any other jurisdiction, except for the Courts having territorial jurisdiction over Andaman & Nicobar Islands.
12.2 Any such Complaint filed against the Company before any Consumer Court beyond the territorial jurisdiction of Andaman & Nicobar Islands, shall be liable to be dismissed in-limine in view of this waiver of rights.
12.3 Without prejudice to any other rights, the Company shall be entitled to claim a liquidated demand of a sum of Rs. 2,00,000 (Rupees Two Lakhs) as exemplary damages from anyone filing a Complaint before a Consumer Court in contravention to the waiver of rights. Such claim shall be filed in a Civil Suit under Order XXXVII, Rule I, of the Code of Civil Procedure, 1908, before the jurisdictional Courts in Andaman & Nicobar Islands.
13 All Rights Reserved by the Company:
13.1 The Company reserves all its rights and privileges to prosecute anyone for defamation or libel, both under the civil and criminal laws, for any imputation made against the Company in comments posted by a guest, or anyone on behalf of a guest, on Social Media, Review Management websites, or any other digital or print media, accessible or visible to the public at large.
13.2 The Company shall be legally entitled to seek exemplary damages and compensation from anyone making such imputations in addition to seeking penal action for the same.
13.3 The Company shall be entitled to withhold or forfeit any amount paid by the guest in the event where an imputation is made against the Company on any online platform, by the guest or by anyone on his/her behalf.
13.4 The Company reserves all rights to amend/add/delete/modify any of the terms and conditions stipulated herein without due notice. The Guests are deemed to have read, understood, and consented to this Policy before making any booking with the Company.