3. Cancellation & Refunds:

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In the event that any guest cancels the booking or is unable travel on the due date for any reason not attributable to the Company anytime after making the advance payment, the following charges shall apply –

 
Time Frame (days before arrival)" and Amount Deductible
 
10 days or less 100% of the amount is deducted. No refund.

11 to 20 days 50% of the total package cost is deducted.

21 to 30 days 25% of the total package cost is deducted.

Above 30 days "Entire amount is refundable, after deducting cancellation charges.

3.3.1   Cancellation charge of Rs. 2,500 per person is applicable for all cancellations made any time after the advance is paid.

3.3.2   No Reschedule of the tour is allowed any after the Payment is made.

3.3.3   For guests staying at SeaShell, Coral Reef, Barefoot, Munjoh, and Taj, rescheduling is available only as per the policy of the Hotel or Resort.

3.3.4   Booking made for Seashell/Coral cove/Barefoot/Munjoh/Taj -100% cancellation charges is applicable anytime after the advance is paid

3.3.5   100% Cancellation is applicable if the travel date falls between 15 Dec to 15 Jan - High Peak Season

3.2 For All Packages Booked with Flight:

3.2.1   No Refund for the Flights/Tour/Hotels/Ferries and 100% amount is deductible if the flight gets cancelled, delayed, or rescheduled.

3.2.2   No refund and 100% amount is deductible for cancellation of the flight tickets at any time after the booking is made.

3.2.3   No refund for the Flights/Tour/Hotels/Ferries due to delay, cancellation, or rescheduling of the flight timings. However if the guest arrives in Andaman at his own cost, the trip will be arranged as per the itinerary agreed upon. However, no refund shall be made for the day(s) missed.

3.2.4   100% Cancellation is applicable if the travel date falls between 15 Dec to 15 Jan - High Peak Season

Note: Clause 3 must be read in conjunction with the Cancellation Policy cited on the official website at https://www.experienceandamans.com/cancellation-policy. All guests making booking with the Company are deemed to have read and accepted the terms and conditions of the Cancellation Policy as mentioned on the website.

4 Third-Party Terms and Conditions:

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4.1 The Company does not own or manage all the hotels, cruise and vehicles provided in the package. The guests are required to abide by the terms and conditions prescribed by the hotels, cruise and vehicles at all times.
 
4.2 As a security measure at hotels, jettys, etc., the guests will be required to produce original photo identity bearing the complete address, issued by the government issued for each guest.
 
4.3 The guests shall maintain punctuality and abide by the reporting time of the taxi or cruise. The Company shall not be responsible for any modification in the itinerary on the account of the delay on part of the guest.

 

5 Right to Refuse Service:

Despite having a confirmed booking, the Company reserves all rights to refuse services to any guest under the following circumstances –

5.1 Guest who misbehaves/manhandles/harasses and/or are causes nuisance to other guests.

5.2 Guests who are suspected to be infected by a contagious disease, unless a medical record to the contrary is produced.

5.3 Guests with criminal antecedents and those evading authorities.

5.4 Any guest, continuously violating the Company Policy and/or engages in any unlawful activities.

5.5 Any guest, who misbehaves with staff of the Company/hotel/cruise/vehicle.

5.6 Any guest refused service on any of the abovementioned grounds shall not be entitled to claim any refund.

Note: 1) The above list of circumstances are only illustrative and not exhaustive.
2) Such refusal of service shall not be discriminatory in nature, and done only as a precautionary measure to safeguard the interests of other guests and staff members.
 

6 Force Majeure:

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6.1 In the event where the Company is unable to conduct the tour package despite a confirmed Booking, due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the Company, the Company shall promptly intimate the guest regarding the Force Majeure event and cancel the booking with immediate effect. The Company shall be fully exempted from performance of the terms and conditions of the Bookings Agreement and this Policy for the entire duration of the Force Majeure event.
 

6.2 If the Company cancels the booking due to a Force Majeure event, the guest is entitled to refund after a deduction of the cancellations charges as stipulated in Clause 3 of this policy.

6.3 In the event where the guest is unable to undertake the journey to Andaman due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the guest, the guest shall promptly intimate the Company regarding the Force Ma?eure event and request for a rescheduling of the Bookings. The Company shall be legally entitled to made deductions in accordance with Clause 3 of this policy.

6.4 In the event where the package is already underway during the Force Ma?eure event, the guest shall be liable to pay the additional charges for all extra services availed during the Force Ma?eure event, and adhere to all other terms and conditions of this Policy.

7 No Liability on Valuables:

7.1 The Company assumes no liability for lost, misplaced, stolen or damaged valuables belonging to the guests during the itinerary.

7.2 The Company is not responsible for any valuables or belongings left behind by the guest at any hotel, cruise, taxi, etc.

8 Liability of Guest:

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8.1 Irrespective of the nature of booking, the guests shall be held directly liable under civil and criminal laws of India for any loss caused to the Company owing to any negligent act or omission on part of the guest.

8.2 The Company shall be entitled to recover damages and compensation from the guest due to any such loss caused by the guest.
 

9 Indemnity

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9.1 The Company shall not be held liable for any injury or loss suffered by the guests while engaging in any activity/service offered by a third-party, such as bike/taxi rentals, scuba diving, snorkeling, boat excursions, etc.

9.2 The Company shall not be held liable for any injury or loss suffered by the guests during their stay at any hotel, resort, homestay, etc.

9.3 The Company shall be fully indemnified from any such claims arising from the activity/services rendered by the third-party, even in the event where the Company referred such third-party to the guest.
 

10 Data Privacy

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10.1 The Company shall be entitled to collect personal data of its guests in the course of rendering its services.

10.2 The Company shall protect such personal data and take all precautionary steps to ensure that such data is contained safely.

10.3 The Company shall not be liable for any data-leak or data-theft which occurs despite its best efforts to protect such data. The guests shall have no legal right to claim damages against the Company in the event of such data-leak or data-theft.
 

11 Dispute Resolution & Exclusive Jurisdiction:

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11.1 Any dispute between the guest and the Company shall be immediately reconciled by a representative of the Company in an amicable manner.

11.2 In the event of failure of reconciliation within a period of (seven) 7 days from the date of dispute, the matter shall be referred for arbitration, to be conducted by a sole arbitrator appointed by the Company, or the jurisdictional Courts in Port Blair.

11.3 The arbitration shall be held in English language, and the seat of Arbitration shall be at Port Blair.

11.4 The International Chamber of Commerce (ICC) Rules of Arbitration shall be applicable to such arbitration.

11.5 Despite the booking(s) being made by guest in any part of India or any part of the world, all disputes arising from the bookings and this policy shall be subjected exclusively to the jurisdictional Courts of law in Andaman & Nicobar Islands alone.

12 Waiver of Rights Under the Consumer Protection Act, 2019:

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12.1 The guest hereby knowingly, voluntarily and intentionally relinquishes, abandons and waives his/her right to file a Complaint under Section 35 or 47 of the Consumer Protection Act, 2019, in any other jurisdiction, except for the Courts having territorial jurisdiction over Andaman & Nicobar Islands.
 

12.2 Any such Complaint filed against the Company before any Consumer Court beyond the territorial jurisdiction of Andaman & Nicobar Islands, shall be liable to be dismissed in-limine in view of this waiver of rights.

12.3 Without prejudice to any other rights, the Company shall be entitled to claim a liquidated demand of a sum of Rs. 2,00,000 (Rupees Two Lakhs) as exemplary damages from anyone filing a Complaint before a Consumer Court in contravention to the waiver of rights. Such claim shall be filed in a Civil Suit under Order XXXVII, Rule I, of the Code of Civil Procedure, 1908, before the jurisdictional Courts in Andaman & Nicobar Islands.

13 All Rights Reserved by the Company:

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13.1 The Company reserves all its rights and privileges to prosecute anyone for defamation or libel, both under the civil and criminal laws, for any imputation made against the Company in comments posted by a guest, or anyone on behalf of a guest, on Social Media, Review Management websites, or any other digital or print media, accessible or visible to the public at large.

13.2 The Company shall be legally entitled to seek exemplary damages and compensation from anyone making such imputations in addition to seeking penal action for the same.

13.3 The Company shall be entitled to withhold or forfeit any amount paid by the guest in the event where an imputation is made against the Company on any online platform, by the guest or by anyone on his/her behalf.

13.4 The Company reserves all rights to amend/add/delete/modify any of the terms and conditions stipulated herein without due notice. The Guests are deemed to have read, understood, and consented to this Policy before making any booking with the Company.
 

GENERAL WEBSITE

This agreement is governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Andaman Islands, India in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Experience Andamans as a result of this agreement or use of this Web site.
 

Performance of this agreement by Experience Andamans is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Experience Andamans with respect to such use.
 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

 

MODIFICATION OF THESE TERMS & CONDITIONS

Experience Andamans reserves the right to change the terms, conditions, and notices under which this Website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Website and facilities offered by Experience Andamans.
 

Experience Andamans reserves the right to change/modify or terminate the offer anytime at its own discretion and without any prior notice. Ferry sailing is subject to weather conditions. Alternate arrangements will be made in case sailing does not take place due to weather or payload restriction. However, Experience Andaman will not be responsible for refunding any amount due to non-sailing of ferry and will be governed by our cancellation policy. The itinerary flow is subject to change.
 

We reserve the right to change your itinerary in case of any unforeseen circumstances or events wherein the ferries or the attraction is closed or is under maintenance. If we come to know about such scenarios well in advance then we will update you and will plan accordingly. All water activities or rides are subject to weather condition. In case of bad weather the trip might get delayed or cancelled. Activities and Day trips cancellations because of weather conditions will be refunded to the maximum.

 

BANK & CREDIT CARD FEES

Some banks and credit cards impose fees for cross-border transactions. By reserving your tour and excursion on this website, you may see an additional cost/fee appearing on your credit card statement. This fee is solely determined by your Bank and/or Credit Card Company and Experience Andamans takes no responsibility for these associated costs. If you have any questions about these types of fees applied to your reservation, please contact your bank directly

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OPERATIONAL USE

We may use your information for suggesting products and promotional offers and schemes. We may also be sending you transactional updates as and when required. You may update your profiling information at any time by writing to info@experienceandamans.com . You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform. Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
 

If you have registered/contacted/filled form on our website then we will be calling you to discuss your Andaman trip. The calls will be applied to DND numbers as well. The information we require is important for us to understand the requirements and to provide a customised itinerary plan.

 

THIRD PARTY

At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.

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NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

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CONTENTS OF THIS SITE

While we strive to always provide the latest information and details about our product offerings on this Website, information presented here is subject to change and is not guaranteed to be free from errors. Contents of this Website apply to Andaman islands in which we operate. All prices listed in this Website are in Rupees, unless otherwise specified. Promotions listed in this Website can be changed or withdrawn at any time