Disclaimer Of Warranties/Limitation Of Liability

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

Either the User or CWG DELHI 2010 may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

The User agrees that CWG DELHI 2010 may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.

This Agreement may be terminated by either the User or CWG DELHI 2010 through a written notice to the other. CWG DELHI 2010 shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify CWG DELHI 2010 of such discontinuance.

Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and CWG DELHI 2010 shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later

NOTICES
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

(a) If to CWG DELHI 2010 at the address posted on the Website.
(b) If to a non registered User, at the communication and/or email address specified in the application form availing of a CWGDELHI2010.LPTI.IN Service.
(c) If to a registered User, at the communication and/or email address specified in the registration form.

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

GOVERNING LAW
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi .

CWG DELHI 2010 hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction
Terms of Services (TOS)- Booking Terms and Conditions Annexure – 1

Booking Terms & Conditions
The tour producers shall for the purpose of the tour mean CWG DELHI 2010, the tour operating division of Le Passage to India Tours & Travels, New Delhi, all personnel, agents and parties acting on their behalf. These Booking Terms and Conditions contain important information and it is essential that you carefully read and understand them.

The Contract is between CWG DELHI 2010 and the Client, being all persons named on the booking form as travelling or intending to travel with CWG DELHI 2010. The person making the booking that is subject to these terms and conditions warrants that he/she is above 21 years of age and has full authority to do so on behalf of all persons named and confirms that all such persons are fully aware of and accept these conditions. No employee or agent of CWG DELHI 2010 has the authority to vary or waive any of these terms or promise any discount or refund.

Acceptance of bookings will be confirmed in writing to you or your travel agent. Upon formal confirmation of admittance to the tour, the participant agrees that the tour producers:

Reserve the right of participation in the tour. Clients agree to accept the authority and decisions of CWG DELHI 2010’s employees, tour leaders and agents whilst on tour. If in the opinion of such person, the conduct of a client before or after departure appears likely to affect adversely the safe operation and normal conduct of a tour and the enjoyment of other tour participants, the client will be ordered to leave the tour immediately with no right of refund.

Shall at all times be entitled to make any arrangements for the issue of any ticket or coupon for transport or arrangements for conveyance or any accommodation as they in their discretion may think advisable. In issuing or obtaining the issue of any ticket or coupon, or arranging for transport, conveyance or accommodation, act as agents only and shall not in any way be liable as principals.

Shall not be liable, under any circumstances whatsoever & whether in contract or delict for any damage, injury (including death), loss, delay or inconvenience of any sort whatsoever which shall be caused to any passenger whilst on any tour or journey or while being a temporary resident in any foreign country as a result of any service provider not making satisfactory or any arrangements and whether caused through the act or default of any of the servants, agents or sub-contractors of the tour producers.

Shall not be obliged to make any refund for arrangements specified in the itinerary and not used by participants and advise that their couriers or representatives have no authority or permission to refund any monies paid or to give any right to claim a refund from the tour producers who cannot hold themselves responsible for the obtaining of refunds on lost or unused transport tickets, although efforts will be made to claim settlement on behalf of passengers.

Advise that each passenger agrees that he, his heir, executors, administrators and/or assigns shall indemnify the tour producers, its servants and agents from and against all claims for damages from any cause whatsoever to any person who may make a claim against the tour producers or any of them, whether loss or damage to property in the custody of the passenger or arising out of any injury to, or the death of any passenger, whether or not such claim is based on negligence of the tour producers, its servants or agents or any sub-contractors of the tour producers.

Reserve the right at any time to cancel or modify the tour or change any of the facilities, services or prices quoted (including flights, transport, hotel accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for any inconvenience, loss of time or enjoyment due to these changes.

Shall not be liable for any delay in, change to or cancellation of trips due to Force Majeure wherein circumstances are beyond the reasonable control of CWG DELHI 2010 and include but is not limited to war or threat of war, riot, civil unrest, terrorism, industrial disputes, disease, natural, industrial or nuclear disasters, adverse weather conditions, fire, strikes or government travel advice. In such events, monies paid will be refunded, less any disbursements, expenses, or any other commitments incurred on behalf of the client and in such an event the tour producers will accept no further or other liability whatsoever.

3. Payment To secure a booking, CWG DELHI 2010 requires a minimum deposit of 10 percent of the total tour cost per person. Deposits are non-refundable and non-transferable. This payment is deemed confirmation that the Client has read and accepts CWG DELHI 2010’s booking terms and conditions. For special tours, sporting events and for bookings made less than eight weeks prior to departure, the full tour price is payable upon confirmation. Clients booking by telephone, facsimile, e-mail or via the Internet will be deemed to have read the booking conditions and accepted them. The balance of all monies due, including any surcharges applicable at that time must be paid eight weeks before departure. Failure to remit final payment on the due date will result in the cancellation of reservations, forfeiture of deposits and may attract cancellation fees.

4. Prices and Validity All prices quoted are for cash transactions based on prevailing tariffs and exchange rates at the time of acceptance of the quotation and payment of the required deposit and are subject to tariff increases and currency depreciation until your full payment has been received. The tour producers reserve the right to pass on any surcharges to the client to cover increases in transportation costs, including the costs of fuel and security charges, landing and departure taxes at ports and airports over flying and airport charges. Surcharges will be made without notice to cover any increases that may arise from such circumstances prior to receipt of full payment by CWG DELHI 2010.

5. Flight Bookings CWG DELHI 2010 will use its best efforts to ensure that all flight prices are correct at the time that they are quoted. Flight bookings are created when the payment of a deposit is received and whilst a booking may be held for the client, the fare can only be guaranteed when the flight booking has been paid for in full and the ticket has been issued. Full payment is required immediately upon confirmation when special, advance or Instant purchase; promotional and inclusive tour fares are used in conjunction with land arrangements and are subject to special conditions, restrictions and penalties as stipulated by the airline concerned. Flight bookings are not transferable and airlines reserve the right to amend or withdraw any airfare without prior notice. CWG DELHI 2010 reserves the right to decline any booking at their absolute discretion.

6. Airline Responsibility. Passengers must travel as ticketed and are responsible for their onward flight reconfirmations that must be done at least 72 hours prior to flight departure. Failure to do so may result in the cancellation of flight reservations by the airline. A baggage allowance of 20kg is permitted on international flights. The airlines concerned are not to be held responsible for any act, omission, or event during the time passengers are not on board the aircraft. The ticket in use by the airline when issued shall constitute the sole contract between the airline and the purchaser of the ticket.

Your Tour CWG DELHI 2010 operates normal, sports and adventure tours to destinations the world over, including certain regions where the standards of accommodation, transport, safety, security, hygiene, medical facilities and other infrastructure may, at times be lower than those you would normally expect. All trips, but especially those to sporting events, visiting remote or unstable regions or areas with extremes in climatic conditions or dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. All bookings are accepted on the clear understanding that the clients are fully aware of the risks and potential hazards and agree to assume all such risks associated with the journey, which they undertake of their own volition.

7. Disclaimer : The tour producers, their associates, servants and agents act as booking agents for airlines and service providers and accept no liability for any injury, damage, loss, accident, delay or other irregularity whatsoever and howsoever arising and render the services on condition that they shall in no way be liable or accept responsibility in respect of any detail, negligence or otherwise with regard to airline bookings, hotel accommodation, sightseeing tours and transport or any other services nor are they liable for any loss or additional expense or inconvenience caused by changes in arrival or departure schedules, delays, missed transfers or flight connections, sickness, injury or death or any other cause whatsoever. CWG DELHI 2010 will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. Any independent arrangements made by any clients are done so entirely at their own risk. The client warrants that he/she has not relied on any representation made by the tour producers that has not been stated expressly in these terms and conditions.

9. Cancellations The Client may cancel his/her booking at any time by communicating the cancellation advice to CWG DELHI 2010 in writing. Written notification is essential even if verbal notification of an intention to cancel has been given. Upon receipt of your written cancellation by the tour producers, the following charges will apply. Beyond 8 weeks prior to departure – forfeiture of deposit, between 4 to 8 weeks 50% of the total tour cost, between 2 to 4 weeks 75% and within 2 weeks of tour departure 100% of the total tour cost. Special sporting events carry 100% cancellation charges. In addition to the above-mentioned charges, cancellation charges for air tickets issued by and on behalf of CWG DELHI 2010 will apply as determined by airline tariff regulations and may vary due to the fare used and type of ticket issued. The full insurance premium is payable in the event of cancellation by the Client. The reason for cancellation, will determine whether these charges may be recoverable under your insurance policy. No refunds will be considered if you should leave a tour for any reason after the tour has begun.

10. Travel Insurance Is mandatory for all clients booking a tour produced by CWG DELHI 2010. Clients are solely responsible for arranging their own travel insurance cover against their sustaining any loss or expenses arising from unforeseen circumstances prior to or during the entire period of their proposed journey. Clients together with their personal property including baggage are at all times solely at their own risk. The travel insurance cover automatically provided with credit card purchases does not provide adequate cover as standard. A suitable insurance policy should provide adequate cover for accidental death or disability, medical expenses, including any related to pre-existing medical conditions, helicopter rescue and air ambulance, delays, cancellation &curtailment, loss of baggage, personal effects, money, travel documentation & personal liability. Where the client declines to purchase suitable insurance cover, he/she indemnifies the tour producer against all responsibilities and liabilities howsoever arising due to his/her failure to purchase adequate insurance cover. Clients arranging their own insurance cover should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients are required to carry proof of insurance with them and produce it if reasonably requested by the tour producer’s employees, agents or service providers. The tour producer reserves the right to cancel the client’s participation in a tour at any time, including after the start of the tour, with no right of refund, if the client is unable to provide proof of insurance.

11. Pre-existing Medical Conditions At the time of booking, clients must inform CWG DELHI 2010 of any pre-existing medical conditions that might reasonably be expected to increase the risk of their requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other tour participants. Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition and make proper arrangements for the provision of any medication or other treatment that may be required during the tour. Failure to make such disclosures will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid by the client will be forfeited. In the case of ill health whilst on tour, CWG DELHI 2010 may make such arrangements as it sees fit and recover the costs thereof from the client.

12. Ages, Fitness and Participation All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. Persons over 60 years of age may have to provide medical evidence of fitness to travel on certain itineraries. Persons under 18 years of age will be accepted on tours only if accompanied by a parent or guardian who accepts full responsibility for them. CWG DELHI 2010 reserves the absolute right to decline a booking at their sole discretion.

13. Unused services and refunds No refunds will be considered for no–shows or any unused services irrespective of whether they form part of the basic tour price, or in respect of pre-booked optional arrangements. No refunds on partially unused car rentals, apartment reservations or package components. No refunds in the event of delays and or cancellation of special sporting events due to acts of God, Force Majeure, weather conditions or any other unforeseen circumstances.

14. Amendments & Late Bookings A fee of USD 100.00 per amendment will be charged for amendments made to confirmed bookings in addition to any cancellation and administration charges applicable to documents or vouchers submitted for refund or re-issue. Any amendments/cancellations en route may be made directly with our local operators and may incur additional fees.

15. Travel Documentation: Visa regulations and restrictions applying to clients should be confirmed and adhered to by the clients at the time of booking. The responsibility for compliance with all governmental regulations relating to the provision of current and valid passports (at least 6 months), visas, inoculations, vaccinations, re-entry permits and the like where required is that of the client alone. Visas do not represent a guarantee of admittance to any destination and immigration authorities reserve the right to deny entry, repatriate, deport or prosecute alien visitors who fail to present the necessary documentation upon request or contravene immigration laws. Visas are issued at the sole discretion of the consulates or visa issuing authorities concerned in accordance with their specific visa application requirements and issuing terms and conditions. Their decision is final and no correspondence will be entered into. Moreover, they are not obliged to give any reasons for the refusal of visas, forfeiture of application fees, nor will they assume any responsibility for any financial loss or inconvenience that may be sustained by the applicant in the event of a refusal, delay, loss of passports / travel documents or any irregularity that may arise during the visa application process. The tour producer shall not be held liable for any consequence of any nature arising from any non-compliance of governmental regulations by the client who is further responsible to check all tickets, coupons and vouchers to ensure that they are in proper order prior to departure from his/her point of origin in. Any discrepancies related to missing or incorrectly detached flight/transport coupons, incorrect coupon data or lost/mislaid vouchers discovered after departure will result in the client paying the service provider directly for services and no refund or reimbursement will be entertained.

16. Delays: The tour producer, its employees and agents shall not be responsible and shall be exempt from all liability for any delays prior to departure from your point of origin or during the course of any tour whether brought about by force majeure, changes in flight schedules, overbooking by the airline, technical difficulties, strikes, adverse weather conditions or any other circumstances whatsoever. It is understood that all expenses relating to any such unscheduled extensions viz. hotels, airfares, taxi fares, meals, telephone calls etc. will be borne by the client.

17. Tour Price Exclusions airport taxes, fuel and other applicable surcharges passport, visa and courier fees, insurance, laundry, telephone bills, beverages, tips & gratuities to tour leaders, guide services, entrance fees, items of a personal nature, excess baggage, optional excursions and services not stipulated in the tour itinerary or brochure.

18. Complaints. If you have a complaint whilst on your trip, you must make it known to the CWG DELHI 2010 tour leader or our local representative who will normally be able to take appropriate action. If you are not satisfied with their response and feel your enjoyment of the holiday is likely to be significantly affected you should notify us in writing and we will do our best to resolve the problem. If at the end of the trip you feel that your complaint was not properly dealt with, you must notify us within thirty days of the end of your trip.

19. Guaranteed Departures Holidays that are not group tours are guaranteed to operate once a booking has been confirmed unless otherwise mentioned. All trips are guaranteed to operate once a minimum of two persons is booked.

20. Publicity . You agree that CWG DELHI 2010 may use images of you taken during the trip without recourse to you and without compensation for publicity and promotion purposes only, through whatever medium it chooses.

21. Authority of the Tour Leader At all times the decision of the CWG DELHI 2010 tour leader or representative will be final on all matters likely to affect the smooth operation of the trip and the safety and well-being of tour participants.

22. Electronic Tickets If you purchased an electronic ticket directly from the airline over the internet, the credit card used to pay for the ticket must be presented by the cardholder upon check-in at the airport. Whilst the cardholder does not need to book and travel personally he/she must be physically present with the credit card used at the check-in counter. Failure to do so will result in the passenger having to make a guarantee payment either in cash or by alternative credit card.

23. Destination Enquiries Passenger enquiries with regard to local issues and prevailing conditions at your intended destinations should be made prior to departure from your point of origin. The tour producers make no representations as to the safety and security, prevailing conditions or other issues that may exist at any destination. Advice may be obtained from local governments, local consular offices or the official websites of the relevant foreign affairs / governmental departments concerned.

24. Hotel Check In and Check Out Times vary from place to place with the norm being 14h00 for check -in and 12h00 for check-out. Hotels reserve the right to charge for periods when the room is occupied before the normal check-in time and after the normal check-out time. For your comfort we therefore recommend that when booking the number of nights you intend to stay, you consider whether this covers your early arrival or your late check-out, neither of which is covered by the tour price. Upon check in, hotel staff will request an imprint of your credit card as a deposit for any in room services. You may settle your bill for any extras or have the cancelled voucher returned to you if there aren’t any when checking out.

25. Service Vouchers The CWG DELHI 2010 voucher is our official document that serves as both a confirmation and exchange document for the arrangements you have purchased. You will be required to present it to your hotel, car rental or any other named service provider for the provision of the services mentioned therein. Vouchers are valid for the dates and services mentioned only and are not refundable, transferable or endorsable. Any unauthorized alteration renders the voucher null and void. Hotel, car rental or any other named service provider has no authority to refund any monies paid or grant any authority to claim a refund from the tour producers for lost or unused vouchers, transportation tickets, car rental and apartment or tour package components. Clients who have lost or mislaid their vouchers or are unable to present them upon request will be obliged to pay the service provider directly for the provision of services. There are no refunds for no-shows or any unused services that either form part of the basic tour price or pre-booked optional arrangements clients who may request upgraded and/or additional services not stipulated in the voucher are responsible to settle payment for the said services directly with the service provider concerned.

26. Airport Check-in Allow a minimum check in time of approximately three hours for international flights and one hour and half for domestic flights. Passengers are advised to check in as early as possible after the airline check in counters open to allow sufficient time to complete check-in, security and immigration formalities. Boarding gates close approximately twenty minutes prior to flight departure and are usually a considerable distance away from the departure control area. At most airports there are no longer any departure announcements so watch the departure information screens and report to your correct boarding gate in good time. E. &.O.E.