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This BOOKING AGREEMENT (this “Agreement”), dated as of ________, 2006, is entered into by and between I Tour India, LLC, a Florida limited liability company (“I Tour India”), and the individuals listed on the signature page hereto (the “Purchaser”). References to the “Purchaser” shall include, to the extent permitted by applicable law, all persons included in a booking made by the Purchaser.
RECITALS
WHEREAS, I Tour India is in the business of offering the purchase of accommodations, air, water and ground transportation, excursions and other travel-related services via www.ItourIndia.com;
WHEREAS, the Purchaser desires to purchase from I Tour India, and I Tour India desires to sell to Purchaser, on the terms set forth herein, the accommodations, air, water and ground transportation, excursions and other travel-related services set forth on Schedule 1 (the “Itinerary”), attached hereto and made a part hereof by this reference;
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the mutual agreements set forth herein, the parties hereto agree as follows:
AGREEMENT
1. Reservations and Payments. Standard policy for the majority of I Tour India’s third party suppliers is that a provisional booking will be held for a period of 5 days, after which a response is required on whether to confirm or release the space. Payment in full of the Travel Fee as payment for the Services, set forth on Schedule 2 to this Agreement, and the Visa Service Fee, as defined in Section 12 hereof, along with a completed and signed (1) Liability Release and Assumption of Risk Agreement, attached hereto as Exhibit A and made a part hereof by this reference (the “Release”), (2) the Travel Insurance Acceptance Form, attached hereto as Exhibit B and made a part hereof by this reference (the “Insurance Form”) and (3) the Visa Application Forms, attached hereto as Exhibit C and made a part hereof by this reference (the “Visa Application,” together with the Release and Insurance Form, the “Travel Forms”) are required in order to confirm the Purchaser’s reservation. Upon receipt of the Purchaser’s signed Travel Forms and full payment of the Travel Fee and the Visa Service Fee, I Tour India will, subject to availability, reserve the Purchaser’s place on the selected tour. Upon receipt of the Purchaser’s full payment and Travel Forms, I Tour India will send vouchers, tour information, etc. to the Purchaser. All prices are quoted in U.S. dollars and must be paid in U.S. dollars.
2. Cancellation and Refund Policy. Once a tour has been confirmed, it cannot be cancelled and I Tour India shall be entitled to retain all fees paid to it by the Purchaser. Upon request by the Purchaser, I Tour India, in its sole discretion, may elect to reschedule a tour upon payment of an additional fee, if so required by a third-party supplier, which shall be determined in the sole discretion of I Tour India. Should the Purchaser fail to join a tour or join it after departure or leave it prior to its completion, no Travel Fee refund will be made. There will be no refunds from I Tour India for any unused portions of the Services. The above policy applies to all Services.
3. Insurance. It is a condition of booking that the sole responsibility lies with the Purchaser to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependants and traveling companions for the duration of their tour to India. This insurance should include coverage in respect of, but not limited to, the following eventualities: cancellation or curtailment of the Services, emergency evacuation expenses, medical expenses, repatriation expenses, damage, theft or loss of personal baggage, money and goods. I Tour India will take no responsibility for any costs for losses incurred or suffered by the Purchaser, or Purchaser's dependants or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities. The Purchaser will be charged directly by the relevant service providers for any emergency services he may require, and may find himself in a position unable to access such services should he not be carrying the relevant insurance coverage. A Travel Insurance Acceptance form must be completed and returned to I Tour India as a condition of travel.
4. Medical Information / Liability Release. Participation in the Services requires that the Purchaser be in generally good health. The Purchaser must understand that while a high level of fitness is not required, a measure of physical activity is involved in all Indian tours and the Purchaser must be able to walk unassisted on rough surfaces and climb stairs unassisted. The Purchaser may also need to stand or sit erect for long periods of time during the tour, so proper precautions should be taken. Disability accommodations customarily found in the United States, such as wheelchair ramps, guide railings, enlarged doorways, etc., may not and likely do not exist in India. It is essential that persons with any medical problems and/or related dietary restrictions make them known to I Tour India well before departure. Throughout most of the tour, authentic Indian cuisine will be served and the Purchaser will be responsible for checking with the attendants to ensure that the Purchaser is not allergic to any of the food being served. Anti-malaria precautions should be taken, and these are the sole responsibility of the client. Any required inoculations must be recorded by the Purchaser’s health practitioner on a valid vaccination certificate, which the Purchaser must carry in his possession throughout the tour. I Tour India will not assume responsibility for the accuracy of any medical information. The Purchaser should consult his physician or pharmacist for up to date requirements and personal recommendations.
By forwarding the Travel Fee, the Visa Service Fee and the signed Travel Forms, the Purchaser certifies that he does not knowingly have any physical or other conditions of disability that would create a risk for him or other tour participants.
5. Currency Fluctuation. In order to keep Travel Fees as low as possible, I Tour India does not build into the Travel Fee an allowance to cover possible increases from currency fluctuations. Therefore, as currencies do fluctuate constantly around the world, it may be necessary for I Tour India to raise the Travel Fee, at any time before final payment, if there are exceptional cost increases beyond its control. An increase in the Travel Fee shall not be sufficient grounds for any refund of fees already paid for the Services.
6. Airfares and Delays. Airfares are subject to change without notice prior to ticketing. I Tour India is not responsible for any airline or third party vendor schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property. Any and all claims for any loss or injury suffered by any airline or third party vendor must be made directly with the airline or third party vendor involved and not with I Tour India. Air schedule and other third party vendor schedule changes may necessitate additional nights being added to the tour. These schedule changes are beyond the control of I Tour India and any resulting additional costs must be borne by the Purchaser. I Tour India cannot be held liable for any delays or additional costs incurred as a result of airlines or other third party vendors not running to schedule.
7. Transportation and Communication. The Purchaser is responsible for boarding the flights to and from India at the time specified on the Purchaser’s airline ticket. The Purchaser is also responsible for being at the prearranged location at the prearranged time specified by I Tour India and/or its agent in order to board the car, boat, bus, train or any other means of transportation during the tour. In the event that the Purchaser misses the flight, car, boat, bus, train or any other means of transportation, the Purchase must notify I Tour India and/or its agent at a number provided by I Tour India or its agent, so that proper arrangements can be made to provide alternative transportation. The cost involved in providing alternate transportation will be borne by the Purchaser.
I Tour India will provide the Purchaser with a cellular phone in order for the Purchaser to remain in contact with I Tour India. The Purchaser will be responsible to inform I Tour India of the Purchaser’s location at all times while in India. All fees and charges relating to the use of the cellular phone will be borne by I Tour India, except that I Tour India will not be responsible for long distance charges, text messaging charges and any costs relating to the loss, theft, damage or destruction of the cellular phone, such changes shall be borne by the Purchaser.
8. Tour Cancellation and Reschedule. I Tour India shall not be held responsible for occurrences such as strikes, wars, acts of God, acts of government or any other cause whatsoever that may make operation of the tour impossible, illegal or inadvisable. If it is impossible, illegal or inadvisable to render the Services due to any of the foregoing, Travel Fees received will not be refunded by I Tour India and the Purchaser will have to make a claim with the airline or third party vendor. I Tour India is not responsible for any expenses incurred by tour members in preparing for the tour, including penalty-carrying airline tickets, special clothing, visa or passport fees or other tour-related expenses. If a canceled tour is to be rescheduled, then I Tour India, to the extent possible, will reschedule the tour for the next available tour date without additional fees; unless additional fees are required by third-party supplier, in which case the Purchaser will be required to pay these additional fees.
9. Guide Replacement. If a private guide is unable to lead a pre-scheduled tour, I Tour India and its operators in India reserve the right to substitute with another guide.
10. Itinerary Changes. Although every effort is made to adhere to schedules, it should be noted that the I Tour India’s operators in India may be obliged to occasionally change routes and excursions as dictated by conditions out of the control of I Tour India. I Tour India shall not be held responsible for such itinerary changes as discussed above.
11. Specific Accommodation. While our operators use their best efforts to ensure that all reserved accommodations are available as planned, I Tour India shall not be held responsible for a refund either in the whole or part, if any accommodation or excursion is unavailable and a reasonable alternative is found. If the Purchaser is unable to use any Service, then there are no refunds due.
12. Passports & Visas. Upon payment of $[?] (the “Visa Service Fee”), I Tour India and/or its agent will make application for the necessary Visa and make all reasonable effort to procure a Visa for the Purchaser. The onus is upon the Purchaser to ensure that passports are valid for travel. I Tour India cannot be held liable for any passports or Visas that are invalid or not held by the Purchasers, nor for the cost of any passports. In the event the Visa is denied, all reservations, bookings and arrangements will be cancelled, if any, and the Travel Fee will be refunded to the Purchaser; however, the Visa Service Fee will be retained by I Tour India. While I Tour India will make all reasonable efforts to procure the standard immigration and travel documents required for the Purchaser, the Purchaser is responsible for carrying these documents on their persons at all times during the tour. I Tour India takes no responsibility for any immigration issues that may arise regarding the Purchaser.
13. Local Laws. The Purchaser is responsible for abiding by the applicable laws in India. I Tour India will not be responsible to inform the Purchaser of the applicable laws. Many laws in India differ from those of the various states in United States. For example, smoking is prohibited in most public places and there is no age restriction on the sale of tobacco products or alcohol. I Tour India will not be responsible for the use of tobacco or alcohol products any tour participants, including minors.
14. Local Customs. Purchaser is required to maintain a strict code of conduct at all times during the tour, especially during cultural events and trips involving sacred places, and may be required to follow local customs while on the tour. Strict dress codes may be enforced in certain sacred places, such as temples and gurudwaras. If the Purchaser wishes to visit such places, he or she must abide with these dress codes. I Tour India may, in its sole discretion, provide to Purchaser any such special dresses or outfits; however, for the most part, these special dresses or outfits can be rented and the Purchaser will be responsible to make such rentals.
15. Not Included. I Tour India will not be responsible for any fees not specifically included in the Travel Fee. By way of example and not limitation, I Tour India will not be responsible for travel insurance; medical insurance; excess baggage charges; Excise Taxes; laundry expenses; telephone calls; gratuities; emergency evacuation; beverages and meals not provided by I Tour India; and any excursion not related to the tour.
16. Purchaser Representation and Consent. The person making any bookings with I Tour India warrants that he or she has authority to enter into a contract on behalf of all other persons included in such a booking and in the event of the failure of any or all of the other persons so included to make payment, the person making the booking shall by his signature hereon shall assume personal liability for the total Travel Fee and Visa Service Fee of all bookings made by him. An adult must sign the Travel Forms on behalf of any minor traveling with them where specified on the Travel Forms.
17. Age Limits. Persons under the age of 18 must be accompanied by a Purchaser over the age of 21. If any person misrepresents his age or the age of another, I Tour India, its affiliates and third party suppliers reserve the right to terminate the Services for all persons included such persons booking without refund.
18. Limitations of Liability. I Tour India, its owners, agents and employees give notice that they act only as the agent for the owners, contractors, and suppliers providing means of transportation and/or all other related travel services and that they assume no responsibility, howsoever caused, for injury, death, loss, or damage to person or property, delay or change in air or other services, howsoever caused, irregularity, inconvenience or additional expenses in connection with any service resulting directly or indirectly from: defect of any vehicle; act of God; act of war, insurrection, revolt, terrorism, government restrictions and regulations, or other civil uprisings or disturbances; military action; quarantines; strikes; weather; sickness; detention; annoyance; delays; thefts; pilferage; force majeure; wild animals; failure of any means of conveyance to arrive or depart as scheduled; overbooking; travel advisories; discrepancies or changes in transit, hotel and other services over which it has no control; occurring in either the country of origin, destination or through passage, or through the acts or default of any company or persons engaged in conveying the passengers or in carrying out the arrangements of the tour. All such losses or additional expenses shall be the sole responsibility of the client on the tour. I Tour India may not be held responsible for any loss or damage to luggage, before, during, or after the tour program.
19. Uses of Services. The Purchaser warrants and agrees that he or she will not use the Services provided by I Tour India to engage in any acts of terrorism nor will he or she use the Services for any other illegal activities under either United States or Indian law.
20. Outside Products and Services. I Tour India, its owners, agents and employees are not responsible for any excursions, accommodations, products or services that the Purchase might purchase or use that have not been provided to the Purchaser by I Tour India. I Tour India, its owners, agents and employees may advise the Purchaser of certain specialty shops and items found on the tour; however, I Tour India, its owners, agents and employees are not liable for the quality of the product or its allowance on any plane, car, boat, bus, train or any other means of transportation.
21. Changes and Cancellation. Reasonable changes in the itinerary may be made where it is deemed necessary or advisable for the comfort and well being of the Purchaser. As described above, all prices are subject to change. As described above, in the event that a tour must be cancelled, I Tour India is not responsible for any personal expenses incurred by Purchaser in preparing for the tour.
22. Binding Agreement. Upon advancement of payment to I Tour India, the Purchaser acknowledges that he or she has read and understands the above recited terms and conditions, and agrees to be bound by them.
23. Entire Agreement. This Booking Agreement, together with the Exhibits and Schedules hereto, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, discussions and representations, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.
24. Notices. Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via facsimile (provided the sender receives a machine-generated confirmation of successful transmission) at the facsimile number specified in this Section prior to 5:30 p.m. (Eastern Standard Time) on a weekday, (b) the next weekday after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in this Section on a day that is not a weekday or later than 5:30 p.m. (Eastern Standard Time) on any weekday, (c) the weekday following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as follows:
If to I Tour India:
I Tour India, LLC
4065 N. Haverhill Road, Suite B3-104
West Palm Beach FL 33417
Attn: Manager
Facsimile: 1 (877) 853 5259
If to the Purchaser:
To the address set forth under such Purchaser's name on the signature pages hereof; or such other address as may be designated in writing hereafter, in the same manner, by such Purchaser.
25. Amendments; Waivers; No Additional Consideration. No provision of this Agreement may be waived or amended except in a written instrument signed by I Tour India and the Purchaser. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right. No consideration shall be offered or paid to any Purchaser to amend or consent to a waiver or modification of any provision hereof.
26. Construction. The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. This Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
27. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. I Tour India may assign this Agreement or any rights or obligations hereunder without the prior written consent of the Purchaser, provided such transferee agrees in writing to be bound by the provisions hereof that apply to "I Tour India." The Purchaser may not assign any of its rights under this Agreement to any Person.
28. Governing Law. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Florida, without regard to the principles of conflicts of law thereof. Each party agrees that all proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement (whether brought against a party hereto or its respective affiliates, employees or agents) may be commenced exclusively in the state and federal courts sitting in the City of West Palm Beach, Palm Beach County (the “Florida Courts”). Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the Florida Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any proceeding, any claim that it is not personally subject to the jurisdiction of any such Florida Court, or that such proceeding has been commenced in an improper or inconvenient forum. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any such proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. If either party shall commence a proceeding to enforce any provisions of this Agreement, then the prevailing party in such proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such proceeding, including such costs and expenses on appeal.
29. Execution. This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by the signature page being sent via e-mail to I tour India as a portable data format (pdf.) file or image file attachment, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof.
30. Severability. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect. If any provision of this Agreement is so broad as to be unenforceable, that provision shall be interpreted to be only so broad as is enforceable.
31. I Tour India’s Discretion. I tour India reserves the right to accept or decline any individual from participating on any of our tour programs for any reason. I Tour India will not discriminate against any individual because of race, religion, sex, sexual preference or nationality.
32. Purchaser’s Acknowledgement. The Purchaser represents that he has read and accepts this Agreement. The Purchaser understand and agrees that he must also sign and return to I Tour India a completed (1) Personal Information Form, (2) Liability Release and Assumption of Risk Agreement, (3) Travel Insurance Acceptance Form and (4) full payment of the Travel Fee and the Service Fee before his reservation will be confirmed. If the Purchaser is signing on behalf of a minor, he agrees to also execute the Travel Forms on behalf of the minor.
33. Names of Traveling Companions. If the Services are purchased on behalf of traveling companions, including minors, please indicate the full legal name, relationship and age of each such traveling companion in the space provided below.
Name of Traveling Companion:
Relationship to Purchaser: Age:
Name of Traveling Companion:
Relationship to Purchaser: Age:
Name of Traveling Companion:
Relationship to Purchaser: Age:
Name of Traveling Companion:
Relationship to Purchaser: Age:
Name of Traveling Companion:
Relationship to Purchaser: Age:
Name of Traveling Companion:
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Name of Traveling Companion:
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