Terms & Conditions | Shivam Tours

^{TERMS & CONDITIONS}

^{Below you will find our Booking Conditions, Important Information regarding our additional services and offers, and our Website Terms & Conditions.}

^{Booking Conditions}

^{1. Our Details}

^{We are the Shivam Tours Ltd, a limited company incorporated in England trading as Shivam Tours Ltd (company number 06352082) whose trading address is at 29 Holmfield Avenue, Leicester, LE2 2BG, United Kingdom, and whose registered address is at 29 Holmfield Avenue, Leicester. United Kingdom (‘we’, ‘us’, ‘our’). We are specialist travel organisers and our business operates out of the United Kingdom (UK). Our services are as advertised. We hold an Air Travel Organiser’s Licence (ATOL) number 9700 granted by the Civil Aviation Authority (‘CAA’).}

^{2. Application of These Booking Conditions}

^{Your contract with us is subject to these booking conditions. A contract will exist between us once you have paid your deposit (or such other fee as may be appropriate, for example where you are making a ‘late booking’) and we have issued you with our booking confirmation. If any part of our contract with you is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.}

^{When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and agree on behalf of everyone travelling in your party to be bound by them. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.}

^{Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted these booking conditions.}

^{3. Data Protection}

^{The protection of your personal information or data is extremely important to us. In order to respond to an enquiry, process and fulfil your booking or send you a brochure or other promotional material, we need to collect personal data from you. We will only process your personal data in accordance with our Privacy Policy for or in connection with the purpose for which you have provided it (for example, arranging your holiday) or as you have consented to our using it (for example, to send you marketing material) or as permitted by data-protection laws. Our Privacy Policy can be found here. Please read our Privacy Policy for full details. You and your personal data will be protected by the EU General Data Protection Regulation (which is otherwise known as GDPR) and the Data Protection Act 2018. We refer to this legislation as data protection laws. Original Travel is a data controller of your personal data. We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, which is appropriate to the harm that might result. Your personal data will be retained by us for the period referred to in our Privacy Policy.}

^{4. The Price of Your Holiday and Payment}

^{You will be notified at the time of booking of the price of your holiday. What this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation. You will be required at the time of booking to pay us a non-refundable deposit, typically 20% of the quoted holiday price and the full holiday price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 20%. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions, we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges.}

^{We accept cheques, bank transfers. There are no fees for any payment method. If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of £25 per booking.}

^{Whilst you are on holiday or before you depart you may, for example through our concierge service, book other holiday arrangements that do not form part of your holiday contract with us and which are not included in the price of your holiday, even though we may assist with arranging them. We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us or a concierge on your behalf.}

^{Your holiday price does not normally include:}

^{Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras, fuel and extras for car hire.}
^{Taxes or compulsory charges introduced by governments, regulatory bodies or airlines after you have booked.}
^{Security charges introduced or increased after you have booked relating to transportation costs.}
^{Holiday insurance}

^{5. Changes or Cancellation by You}

^{5.1. Changes by You}

^{(a) Transfers}

^{You may transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing at least seven days prior to your due date of departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. We will charge an administration fee as set out in (c) below for arranging the transfer and other costs or additional fees may also arise, which you will have to agree to pay before the transfer can be made. For example, many of our suppliers, particularly airlines, cruise companies and safari operators, do not permit us to change names or travel dates and impose full cancellation charges of up to 100%.}

^{b) Other changes}

^{If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. We require your authority in writing before we can make any change. If a change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.}

^{(c) Administration fee}

^{In each of the above circumstances, an administration charge will be payable of £30 per person where your request is received by us 60 days or more prior to your date of departure and £50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable.}

^{5.2. Cancellations}

^{If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing, or in the case of a group booking, the authority in writing of the lead name to do so.}

^{Our cancellation charges will apply (see the table ‘cancellation charges’ at paragraph 5.3 below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.}

^{We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.}

^{We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.}

^{5.3. Cancellation charges}

^{Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price):}

^{60 days or more Deposit only}

^{59 – 43 days: 40%

42 – 29 days: 60%

28 days or less: 100%}

^{5.4 Cancellation by Us}

^{We reserve the right to cancel your booking. We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.}

^{If your holiday is cancelled, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).}

^{In the event a refund is paid to you, we will:}

^{provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).}

^{Period before departure in which we notify you Amount you will receive from us}

^{59 – 43 days: £10

42 – 29 days: £25

28 – 15 days: £45

14 – 8 days: £60

7 – 0 days: £75}

^{This does not exclude you from claiming more if you are entitled to do so.}

^{If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.}

^{6. Your Responsibility}

^{(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Some countries (particularly in Southern Africa) require your passport to have two blank pages for a visa stamp. As a result, if you are travelling in more than one country that requires this you will need to have more blank pages – for example, if you visit South Africa and Namibia, both of which require two free pages, and re-enter South Africa to fly home, you would need six blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport.}

^{(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet any requirements.}

^{(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of your holiday if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to you or others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable}^{which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.}

^{7. Complaints}

^{If you have a problem during your holiday, you must inform the relevant supplier whose service is involved (e.g. your hotelier) and our local representative (or if they cannot be reached, please contact us on our 24-hour emergency number (+44 116 2123157)), without undue delay, who will endeavour to put things right. If the problem cannot be resolved locally and you wish to complain, full details must be sent to us in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint whilst on holiday, we will have been deprived of the opportunity to investigate and rectify it whilst you were on holiday and this may affect your rights under this booking.}

^{Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our best to ensure that the holiday goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.}

^{8. Additional assistance}

^{If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.}

^{9. Insurance}

^{You must be fully insured for your holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your holiday, emergency evacuation and repatriation costs in respect of all of your activities. Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption. This can be taken out as an add-on to some travel insurance policies or as stand-alone cover.}

^{10. Excursions}

^{Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.}

^{Pre-departure}^{• You will be contacted 24 – 48 hours before travel by the Representative assigned to conduct the service in order to confirm the meeting point and meeting time and using the contact number provided at the time of reservation.

• You will be given the mobile phone number of the Representative in order to assist in finding him/her if you are having difficulty finding each other.}

^{Meet and Greet

• Our Representative will be available and in position at least 15 minutes before you arrive. You will be welcomed by a Representative holding and Shivam Tours Ltd board at the terminal, off the train at the terminal or at check-in, as agreed between you and them

• If you cannot be located, our Representative will wait a minimum of one hour

• Our Representative will always maintain maximum discretion

• Our Representatives are not insured to carry passenger baggage, including cabin baggage and you agree not to ask them to do so. Porters can be pre-booked in advance of travel on your behalf (where available) at extra cost}

^{Pre-booked Aircraft Seats

• We understand that for many clients airline seating is an important part of your holiday organisation, so we endeavour to book seats for your flights wherever possible. When we have booked your flights, we will also endeavour to pre-book your seats. Please note this service is only available if we book your flights

• Unfortunately, there isn’t one hard and fast airline rule, so it is subject to availability once the seats open for selection. We will, of course, try to seat you and your travel companion(s) next to each other

• Please note, as we have to follow airline policies we may have to issue your flights early so may require an additional deposit from you to be able to choose your seats. Bulkhead and exit row seats may also incur additional costs, so if you have any specific seat preferences, please do let us know so we can look into this for you

• Some airlines don’t allow for seat selection until nearer the time of travel, but please do still let your sales and service consultant know as soon as possible if you have seat preferences so they can try to reserve your seats as per your preference as soon as they become available. If you have any frequent flyer memberships, please do also highlight this to your consultant or service team member as some memberships can open the seat maps earlier. For smaller airlines, seat selection is only available at check-in}

^{11. ATOL Protection}

^{“Your Financial Protection when you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”}

^{“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”}

^{“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have to arise out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body if that other body has paid sums you have claimed under the ATOL scheme.”}

^{Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. This website will provide you with information on the protection that applies in the case of each holiday and travel service offered before you make your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk}

^{12. Brochure and Website Content}^{We take reasonable care to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our suppliers (e.g. airlines, hotels, activity providers, car hire companies etc). We will endeavour to notify you of any change known to us and affecting your holiday prior to issuing you with our booking confirmation and after that, as soon as we are notified by our Suppliers. We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.}

^{WEBSITE TERMS & CONDITIONS}

^Foreword

^{We are Shivam Tours Ltd, a limited company incorporated in England offering world-wide tailor-made holidays via our website www.shivamtours.co.uk (hereinafter, the “Website”).}

^{The following Website terms of use (hereinafter, the “Terms of Use”) apply exclusively between Shivam Tours Ltd and anyone wishing to access the Website and/or to use the functionalities available on the Website (hereinafter, the “User”).}

^{Any use of the Website and/or its functionalities implies the full application of these Terms of Use. Please read them carefully.}

^{We may revise and update these Terms of Use at any time, due to legislative developments in particular, without engaging our responsibility. Changes will be effective as soon as they will be published on the Website (unless otherwise specified). The current version will be available to anyone at all times on the Website by clicking on the link located in the footer section.}

^{1. Legal Notice}

^{1.1. The Website is published by Shivam Tours Ltd, a limited company incorporated in England (company number 06352082) whose trading address is at 29 Holmfield Avenue, Leicester, LE2 2BG, United Kingdom, and whose registered address is at 29 Holmfield Avenue, Leicester, LE2 2BG, United Kingdom represented by its MD, Mr Ashokkumar Jogia. Phone number: +44 (0)116 2123157 – VAT number: GB 941589004.}

^{1.2. The Website is hosted by the company Shivam Tours Ltd, a limited company registered in England and Wales with company number 06352082 and VAT Number 941589004 and whose registered address is at 29 Holmfield Avenue, Leicester, LE2 2BG.}

^{1.3. Most of the air holidays and flights offered by Shivam Tours Ltd are ATOL protected since we hold an Air Travel Organiser’s Licence (ATOL) number 9700 granted by the Civil Aviation Authority (CAA). Original Travel Company.}

^{2. Definitions}

^{The Website: means the Shivam Tours Company’s website that can be accessed at www.shivamtours.co.uk}

^{The User: means any Internet user surfing and/or using the functionalities available on the Website.}

^{Service(s): mean all the services provided by Shivam Tours Ltd, including travel services and all holiday arrangements associated.}

^{The Customer: means any Internet user who, once he accessed the Website, (i) sign up to the Newsletter, and/or (ii) send a holiday enquiry, and/or (iii) accept a travel suggestion from Shivam Tours Ltd.}

^{3. Use of the Website}

^{The Website shall be accessible free of charge in any place to any User with an Internet connection. All costs charged to the User to get an Internet connection and access to the Services remain at his charge. Likewise, Shivam Tours Ltd should not be held responsible for any connection issue attributable to any device or telecommunications operator selected by the User (reduced Internet speed or lost connection for example).}

^{From the Website, the User gets access to information and/or Services below:}

^{Worldwide itineraries ideas (free access to any Internet user)

Detailed information about products and Services provided by Shivam Tours Ltd (free access to any Internet user)

A specific access to submit an holiday enquiry}

^{4. Guarantee and Liability}

^{Shivam Tours Ltd shall make its best efforts to provide a 24/7 access to the Website, except in the event of an act of God or any event beyond the actual control of Shivam Tours Ltd and subject any repairs and maintenance work required to ensure the Website runs smoothly.}

^{Indeed, in order to ensure the proper management of the Website, Shivam Tours Ltd will be able to, at any time:}

^{Interrupt or restrict access to all or any part of the Website, reserve access to the Website or to some sections of the Website,

Delete any information that may disrupt the smooth running of the Website or contradict the applicable laws,

Suspend the Website to perform updates.}

^{Shivam Tours Ltd shall not be held responsible in case of any technical failure, breakdown, operational issue or interruption, preventing access to the Website or any of its functionalities.}

^{The User’s devices remain under his own responsibility. The User shall take any appropriate measure to protect his own devices and his private data, including in case of a cyber attack.}

^{Shivam Tours Ltd shall not be held responsible in that case, the User remains responsible of websites he visits and data he shares.}

^{5. General Obligations of the User}

^{The User agrees to use the Website in strict compliance with these Terms of Use, all applicable laws, rulings and regulations (including ones regarding intellectual property and image rights) and in a way that does not negatively reflect on the goodwill or reputation of Shivam Tours Ltd and shall take no actions which would cause Shivam Tours Ltd to be in violation of any laws, rulings or regulations applicable to Shivam Tours Ltd.}

^{Shivam Tours Ltd will be able to engage the User’s liability if he fails to comply with these provisions.}

^{The User and/or the Customer should keep secured at all times their personal username and password enabling them to access their private account on the Website and never allow anyone to consult and/or use those usernames and password.}

^{The User and/or the Customer are responsible of all activity in relation with Services they access or use while they are connected to their account.}

^{The User and/or the Customer must immediately notify Shivam Tours Ltd of any unauthorized use of their username and password by sending an email to or calling +44 (0) 116 2123157.}

^{By using the Services and the Website, the User and the Customer declare and warrant that (a) all the information they gave to Shivam Tours Ltd is true and accurate; (b) they will keep ensuring the accuracy of this information and (c) their use of the Services does not violate any applicable law or regulation.}

^{6. Intellectual Property}

^{All content and material regarding Services such as writings, graphic elements, video and audio clips, logos, photos, icons, pictures… are the exclusive property of Shivam Tours Ltd or its licensors. They are protected by applicable copyright laws. Contents and materials on the Website, which is operated, licensed or controlled by Shivam Tours Ltd, cannot be copied (except for the User personal use only) neither distributed, republished, downloaded or forwarded in any way without written prior authorisation from Shivam Tours Ltd.}

^{Modification or use of the Website content and material for any other purpose shall violate intellectual property rights of Shivam Tours Ltd. as well as their logos, are registered trademarks and they are the exclusive property of Shivam Tours Ltd.}

^{The use of any OTC’s Trademarks as part of a hyperlink either to or from any other website, without written prior authorisation from Original Travel Company, is prohibited.}

^{7. Personal Data And Privacy Policy}

^{8. English Law}

^{The present Terms of Use will be governed by English Law and any dispute will be resolved exclusively by the English courts. Our Terms of Use do not affect your statutory rights.}