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Definition of Term
The following terms will be used throughout this document :
"BRIGHTSUN" means Brightsun Travel Pvt. Ltd. and where applicable its Subsidiaries.
"Force Majeure" means any circumstances which are unusual and/or unforeseeable which are beyond the control of Brightsun the consequences of which could not have been avoided even if all due care had been exercised including but not limited to war, threat of war, riot, civil strife, political unrest; hostilities, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, drought, rescheduling or cancellation of flights or alteration of the airline or aircraft type by an airline or technical problems with transportation that are outside Brightsun's control.
PROVIDED THAT a change in airline or type of aircraft, from what is stated in the applicable brochure, in not a Major Change.
"Subsidiaries" means any other company as may become a subsidiary of Brightsun.
Whilst we do our utmost to accommodate any changes that you may make after receiving your contract, such changes are subject to availability and where permitted by the carrier. These changes attract an administration fee plus any additional costs these changes may incur. Any amendments made within four (4) weeks of departure will follow the cancellation fee schedule (see below). Name changes or departure changes are not always permitted by the carrier and may be treated by them as cancellations and charged accordingly. If airline tickets have been issued in this instance, any changes made to the booking may mean that you will have to pay for the cancelled ticket and purchase a new ticket at full cost.
In the event that you for any reason are unable to travel on the date booked by you, you must return the applicable ticket to us no later than 7 days after the date of travel shown on it. Where the Supplier gives a refund of all or part of the amount that you have paid, we will pass it on to you less any applicable administration charge. Where you have arranged your holiday accommodation and/or ground arrangements generally through us, the Cancellation Fee Schedule shown in "Cancellation by Customer" applies. Brightsun is acting as an agent of the travel provider and therefore any refunds for flights which are book by the travel provider and operated by scheduled and low cost airline operators. In addition any ancillary products such as hotels, car transfers are purchased from authorised providers.
You will not be entitled to a refund if you are prevented from traveling by any person in authority who feels that you are unfit to travel or likely to disturb other passengers. We also reserve the right to end your holiday if your behaviour causes distress or damage to other passengers, employees or guests at your accommodation or your accommodation. In these circumstances you will not be refunded or compensated in any way and we may recover costs incurred as a result of your behaviour.
Whilst at the time of receipt of this brochure by you Brightsun believe that the contents are accurate, circumstances can change after publication. For example, all the facilities in a resort might not be fully functional in early or late season. Sometimes a hotel may change its meal system from waiter service to buffet service or back again. A pool may be closed for maintenance, or air conditioning may only be available at certain times of the day and/or year. Public holidays and religious festivals may also affect the availability of resort and hotel facilities. The tourist office for your chosen destination can provide details of such events and other information. We will tell you of any material changes that we know about when you book your holiday.
We reserve the right to amend your booking other than where there is a Major Change at any time. Most of these changes are minor and we will advise you at the earlier possible date. We will not cancel your booking within eight (8) days of departure except for reasons of Force Majeure or failure by you to pay the final balance. If we have to make a Major Change we will inform you at the earliest possible date. You will have a choice of accepting change of arrangement, therefore accepting a holiday of equivalent value or accepting a refund if the holiday is of a materially lower standard. If you cancel completely you will be entitled to a full refund and reasonable compensation calculated by reference to the holiday price net of insurance premiums, airport tax and amendment charges asfollows :-
This cancellation must be received in writing within seven (7) days of receiving a notice.
All cancellations by customer must be received in writing by the person who signed the booking form. Please note that the following cancellation fees apply;
Cancellation charges made by our suppliers may be higher than the cost of the deposit and we reserve the right to pass on such fees to you. Brightsun will advise of such fees before cancellation. In the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to Brightsun. Insurance premiums and airport tax charges are not returnable.
You should make your complaint known to the local representative of Brightsun at the earliest opportunity. If they do not resolve the problem to your satisfaction, you will need to contact our offices no later than 28 days after your return. Your complaint should be made in writing to us, with your booking reference and all other relevant information enclosed. You must keep your letter concise and to the point to assist in identifying your concerns to speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract.
Brightsun accepts responsibility for the proper provision of elements of your holiday of which it is the operator. However, Brightsun is recognized as an organizer for travel and holidays only and, as such does not control or operate any airline, shipping company or Rail Company. When you travel by air, sea or rail, your journey may be subject to certain international Conventions such as the Warsaw Convention and Montreal Convention (international carriage by air), the Athens Convention (international carriage by sea) or COTIF (international carriage by rail), as such conventions are amended or re-enacted from time to time. You agree that the operating carrier or transport company's own "Conditions of Carriage" will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those "Conditions of Carriage". You acknowledge that all of the terms and conditions contained in those "Conditions of Carriage" form part of your contract with us as well as the transport company and they are deemed to be included by reference into this contract.
(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you by either clicking on a "YES" or "NO" box. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.
(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act, and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilize it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any data, please feel free to e-mail us with details of the problem first.
(4) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
(5) You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 2(3) above.
(6) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
(7) We will collate the information which you give to us in the order form to provide you with our on-line ordering service. By giving us this information, you consent to our use of it in order to process your order. In addition, we may provide this information to other companies who may be interested in sending you details of the products or services which they would be able to offer to you. If you do not wish to have your details passed to such companies, please click "NO" on the relevant button at the end of the order form.
(8) Please be aware that to the extent permitted by law and except as expressly provided for in Part B of these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.
(9) Use of this website is subject to the laws of India and the exclusive jurisdiction of the Delhi Courts.
On cruises There may be on occasional TIPS and port fees which are payable locally, and cannot be collected on your behalf. These will be notified to you, and these charges will be charges at the time of departure by the cruise company. Similarly many hotels globally may collect tourism fees on behalf of the city / country they are located. If these are applicable, these are only payable locally to the hotel at time of check out.
To ensure that your holiday runs smoothly, we and your Travel Agent (if you use one) need to use information such as your name and address, special needs, dietary requirement, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies and to public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA) controls on data protection in your destination may not be as strict as in the UK. We will only pass data including sensitive information regarding disabilities or dietary and religious requirements to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers in the EEA or elsewhere, we cannot provide your booking. When you make this booking you consent to this information being passed to all relevant persons. Information held by your Travel Agent is subject to that company's own data protection policy. We can supply a copy of your information held by us; there is a reasonable charge for providing this. We may use this information to contact you with details of our other products and services.
(1) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
(2) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.
(3) Provided that you have completed all the steps and you save your itinerary under your own login and password, your contract details will be filed and accessible to you.
For your convenience, we have listed below some general information about ourselves:
"We" are Brightsun Travel Pvt. Limited and our address of establishment is at 226-228 Galaxy Tower, Behind 32 Milestone, Sector 15 Part II, Gurgaon, Haryana - 122001.
Our e-mail address is: email@example.com
Our PAN number is AACCB4699R
Brightsun will contract with you when you (or your Travel Agent) confirm your holiday booking and we accept it only when we send you a confirmation invoice indicating that we have reserved your holiday. You must check that the holiday shown on the invoice is the one you wish to take. We are responsible for providing the holiday that we have confirmed to you. If you cancel or alter your booking later you may have to pay an additional charge. If you book within seven (7) days of your departure date or if there is insufficient time to send written confirmation to you, a contract between us will exist upon our (or your Travel Agent) confirming the booking. We reserve the right to refuse your booking but in that event we will refund any money that you have paid to us.
We recommend that you take out travel insurance. Our staffs are trained to offer you the best policy for your travel needs. Please note that you will be required to pay your insurance premium at the same time as your deposit.
Where we supply holidays we take care in providing all holiday arrangements through reputable suppliers. We will monitor the performance of the suppliers and judge their performance against the standards and customs in the country of service provided. Brightsun will pay compensation if they fail to provide the services as part of the package sold to you. We will accept liability for claims for personal injury arising as a result of our staff and suppliers being negligent in the course of their employment or contract. Liability is not accepted in the following instances :-
Our liability to you for loss or damage which you may suffer is limited to two and a half times the price of your holiday but subject to the limitation that any loss that you suffer because of failures by transport operators or hotel keepers to perform services involved in your holiday is limited to the amount that you can recover from them under the Indian law, the country in which they operate or under any applicable convention. Conventions in particular in relation to conditions of carriage usually limit the liability of the transport operators.
Personal/Company cheques : Payment may be made by cheque. Cheques should be made out to Brightsun Travel Pvt. Ltd. but you must ensure that ten (10) working days are allowed to elapse for your cheque to clear before your departure. Should the cheque be returned for any reason, we will levy of Rs. 500/-.
Cash : We do accept cash; however we advise customers not to post cash to us, but to pay in person at the office.
Credit Cards : Please note that we cannot complete a payment transaction without a signed authorization from the lead passenger / credit card holder. We cannot accept credit card payments from a third party. Carrier surcharges are incurred on MasterCard, Visa and American Express, which are passed on to the customers. We do not accept Diners Club cards.
I have read and understood the Terms and Conditions and accept them on behalf of all passengers traveling, by each of whom I am authorized to make this booking. I am over the age of 18.
We invariably require a deposit which we shall notify to you but shall be not less than 25% package cost per person (excluding infants) plus any applicable insurance premiums/Visa charges on confirmation of booking. If your holiday is based on a special offer you may be required to pay the full payment immediately upon confirmation.
No price increases will apply once full payment has been received. Surcharges may be applied in the event of a variation in transportation costs, exchange rates, government Taxes for certain services or fuel increases charged by carriers. If the increase is more than 10% you will have an option to cancel your booking and obtain a refund of all monies paid (excluding insurance, visa and vaccination costs) provided the cancellation is made in writing within seven (7) days of receipt of the notice.
These Conditions contain some exclusions and limitations on liability. If any of them are found to be invalid or unenforceable the remaining Conditions are still valid. Any dispute between us will be governed by the laws of India and jurisdiction of the Delhi Courts.
All passport, visa, travel insurance and health certificate requirements are your responsibility and Brightsun accepts no responsibility for any delay or expense incurred through any irregularity in your documents. In the event that we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred will be payable by you.