GENERAL CONTRACT and TRAVEL CONDITIONS
We are pleased that you would like to visit Kukke Subramanya and thank you for your confidence in us. Please read the following General Contract and Travel Conditions carefully.
i) These General Terms and Conditions govern the contractual relationship between you and Kukke Tourism in respect of the package trips and other travel services we offer.
ii) These GTCs distinguish between package trips and other travel services. A package trip is defined as such when we arrange transport plus accommodation or another tourism service for a total price and the trip that includes an overnight stay.
iii) If Kukke Tourism acts as a broker for other travel services not covered by the definition of a package trip shown in point (ii) of these GTCs, i.e. travel arrangements or separate services provided by other tour operators, we are not a party to the contract and the other provider’s own contract and travel conditions apply. In these cases we accept no liability for the performance of third-party providers and refer you to their liability conditions which they should make available to you. These GTCs do not apply in the cases described in this point, with the exception of points 2, 3
2. CONCLUSION OF A CONTRACT
A contract is concluded once Kukke Tourism has accepted a booking you have made in writing (e-mail or via the Internet) or by telephone.
3. TERMS OF PAYMENT
i) In general, package trips must be paid for at the time of booking. For mediated third-party travel services, payment shall be made directly to the respective service provider and is governed by their terms and conditions.
ii) Prices are normally quoted in Indian Rupees inclusive of VAT.
4. CANCELLATION OR ALTERATION BY CUSTOMER
i) If you wish to cancel or alter your booking, we will levy a processing fee of 100 INR of booking amount; You must notify us of your cancellation without delay, either in person or by registered letter or e-mail.
ii) The following cancellation charges will apply in addition to the processing fee (see i): 45 – 21 days before start of trip 50% 21 – 3 days before start of trip 75% 2 – 0 days before start of trip 100% No-shows will be treated as cancellations.
iii) If you are unable to travel, you can in principle appoint a replacement who will take part in the trip under the same conditions. This is subject to the replacement person agreeing to pay the price of the trip and to the travel providers for the trip (hotels, airlines, train/boat etc.) accepting the change.
5. PROGRAMME ALTERATIONS AND CANCELLATION OF TRIP BY THE PROVIDER
i) Trip programmes may be altered in unforeseeable circumstances. Kukke Tourism will do all it can to offer alternative, equally satisfactory arrangements or another solution in such cases.
ii) Should the arrangements actually provided be of lesser value than the arrangements originally planned, the difference will be refunded to you if Kukke Tourism or another provider were at fault.
iii) Kukke Tourism is entitled to cancel trips in cases of force majeure (e.g. natural catastrophes, unrest, strikes) or in the event of government action, accidents, technical defects etc. If Kukke Tourism cancels the trip before it begins, the amount you have already paid will be refunded.
i) If the trip does not meet the contractual agreement, or if you suffer losses, you are entitled and obliged to notify the relevant service provider of the relevant shortcoming or losses without delay.
ii) Should the service provider at the location be unable to find a satisfactory solution, and therefore the shortcoming is not (properly) resolved, you should complain in writing to Kukke Tourism within 30 days of the date on which the trip was due to end.
iii) You will automatically lose any entitlement if you do not complain to the service provider at the location (see i) or send a written complaint to Kukke Tourism within the time allowed (see ii).
i) Kukke Tourism is liable for personal loss arising from the death, physical injury of illness of a customer if this is caused by the negligence of ourselves or a service provider commissioned to provide travel arrangements.
ii) Kukke Tourism’s liability for direct, immediate material loss is limited, in cases where we are at fault, to twice the cost of the package trip, unless the loss was caused deliberately or as a result of gross negligence on our part. Any further liability, particularly for indirect loss and/or consequential loss, is excluded.
KUKKETOURISM WEBSITE TERMS AND CONDITIONS
LICENSE TO USE THE WEBSITE
Unless otherwise stated, KUKKETOURISM and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website including republication on another website;
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KUKKETOURISM’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without KUKKETOURISM’s express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to KUKKETOURISM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KUKKETOURISM the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or KUKKETOURISM or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
KUKKETOURISM reserves the right to edit or remove any material submitted to this website, or stored on KUKKETOURISM’s servers, or hosted or published upon this website. Notwithstanding KUKKETOURISM’s rights under these terms and conditions in relation to user content, KUKKETOURISM does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. KUKKETOURISM makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph
KUKKETOURISM does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
KUKKETOURISM will not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KUKKETOURISM has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KUKKETOURISM’s liability in respect of any:
- death or personal injury caused by KUKKETOURISM’s negligence;
- fraud or fraudulent misrepresentation on the part of KUKKETOURISM; or
- matter which it would be illegal or unlawful for KUKKETOURISM to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, KUKKETOURISM has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KUKKETOURISM’s employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KUKKETOURISM’s officers, employees, agents,subsidiaries, successors, assigns and sub-contractors as well as KUKKETOURISM.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify KUKKETOURISM and undertake to keep KUKKETOURISM indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by KUKKETOURISM to a third party in settlement of a claim or dispute on the advice of KUKKETOURISM’s legal advisers incurred or suffered by KUKKETOURISM arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF TNCS
Without prejudice to KUKKETOURISM’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KUKKETOURISM may take such action as KUKKETOURISM deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
KUKKETOURISM may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
KUKKETOURISM may transfer, sub-contract or otherwise deal with KUKKETOURISM’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and KUKKETOURISM in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with Government law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of India.