Terms and Conditions of Contract | India
There are additional Terms & Conditions for Single Angler Trips and these are listed under the Single Angler Trips – additional Terms & Conditions section.
By paying a deposit to secure your booking, you are confirming that you have read and agree to the Terms & Conditions listed on our website under the General Terms & Conditions & (if applicable) Single Angler Trips – additional Terms & Conditions section.
1. Booking Confirmation
a) Bookings will be held only after the specified deposit payment has been received by the Company (refer to Clause 2 below). The final balance payment must be made no later than 2 (two) months or 60 (sixty) days prior to your trip date or as agreed by the Company in writing.
b) Bookings received through authorised agents shall be deemed confirmed upon receipt of all flight tickets by the Company, which shall be shared at least 90 (ninety) days prior to the trip start date. No agreement shall exist between you and the Company for trips booked through authorised agents unless the same has been duly acknowledged by the Company.
c) Bookings received through authorised agents shall constitute a legal binding contract between you and the authorised agent. Accordingly, you are advised to review the terms and conditions with such authorised agents prior to confirming the trip with the authorised agent. The Company shall at no times be held liable for breach of any terms and conditions agreed between you and the authorised agent. In case of any inconsistency between the terms and conditions between you and authorised agent and the terms and conditions provided herein, the terms and conditions provided under this contract shall prevail.
2. Payment and Payment Process
a) The prices quoted are for payment by draft, electronic transfer, cheque or money order. The full trip price is payable to the Company 60 (sixty) days prior to departure or as agreed in writing by the Company. Failure to pay by that date entitles the Company to cancel your booking without notice and without refund of the deposit. Prices may be quoted in Rupees / US dollars / GB Pounds / Euros/Singapore Dollars.
b) An initial deposit of 30% (thirty percent) of the invoice value is payable within 10 (ten) days, failing which the dates will be released, (customers will be advised of the deposit due dates by official correspondence). A further deposit to make 50% (fifty percent) of the total invoice value is payable within 1 (one) month or 30 (thirty) days from the date of booking, unless otherwise specified by Company to you over official correspondence via email by the company. Failure to pay by that date entitles the Company to cancel your booking without notice and without refund of the initial deposit.
c) Full and final payment of the invoice value must be made no later than (2 months) or 60 (sixty) days prior to your trip commencement date.
d) For a booking that is made less than 60 (sixty) days before the departure date of the trip, a payment of the full invoice value must be made in a time frame as specified over official correspondence via email by the company.
e) Where it is not possible to follow the above payment schedule, we request our customers to contact us to find a suitable alternative regarding the payment schedule which shall be duly confirmed by the Company in writing.
3. Cancellations-* Please note this clause does not apply to Single Angler Trips
a) If it becomes necessary to cancel your trip, you must notify the Company immediately in writing or in case of a trip booked through an authorised agent, the authorised agent shall notify the Company immediately in writing. Once we receive your notice, cancellation will take effect. Please note that the following charges will apply on cancellation:
b) If prior to departure from your home country, the parties i.e. you and the Company, mutually agree that adverse weather conditions shall directly affect the trip for a period of more than 2 (two) days of the total trip, you shall be entitled to cancel the trip by providing a written communication in this regard to the Company. Such cancellation, shall be at the sole risk and cost to you, and the Company shall not be held liable on any account for such cancellation. However, the parties shall endeavour to reschedule the trip, which shall be subject to the Clause 9
c) Further, in case an ongoing trip cannot be completed due to adverse weather conditions (determined at the sole discretion of the Company), the balance days shall automatically stand cancelled and the trip shall be deemed completed without any liability to the Company. In such case, accommodation and food shall be provided as per the original trip package and dates. Parties may mutually agree additional services other than as agreed in the original trip package, which shall be charged on actuals by the Company.
4. Health, Fitness and Age Requirements
a) Participants must be in good health and reasonably fit. It is vital that anglers with medical problems inform us in advance, before coming for the trip. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic and have high blood pressure, you are strongly advised against participating. Charters generally take place in remote areas where there is limited access to normal medical services or hospital facilities for serious problems. Where necessary, evacuation can be prolonged, difficult and expensive. Medical and evacuation expenses will be the responsibility of the participant. All boats we run are equipped with life jackets, in case of any emergency. However, as per the rules and regulations pertaining to Sport Fishing, it is necessary that every participant possesses the basic ability to swim. In case of seasickness or deteriorating health attributable to any angler on the boat, the Captain in his sole discretion may choose to either return to port or continue at sea. The Company shall at no times be held liable for any early closure of the days fishing on account of health concerns with respect to a particular angler.
b) Any participant over 70 (seventy) years of age on the date of departure of the trip should provide us with a medical fitness certificate or self-declaration of fitness by written communication via our official email in advance at the time of making the initial deposit. Minors below 10 (ten) years of age on the date of departure of the trip are not allowed to participate in fishing and will not be permitted on board without a legal guardian present. Minors over 10 (ten) years of age and below 18 years of age on the date of departure of the trip can participate at our discretion and are required to have a legal guardian present onboard at all times.
5. Delay, Cancellation or Change of Itinerary
a) The Company reserves the right at any time to cancel or change any of the services or prices described in our website or any other communication. In case the Company cancels any charter prior to departure, the participants will be given a refund in full. However, you agree that you will not be entitled to make any further claim for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to passport, visa and vaccination charges, or departure, gear purchases, airport and airline taxes).
b) The Company will arrange for alternate boats, should our boats be unable to operate during your trip or prior to commencement of the trip. If we cannot do so, we will refund that day/days’ fishing charges to you via your bank account as no cash refunds will be made locally.
c) The Company reserves the right to replace or substitute any package product(s) with other product(s) of similar quality / cost. This applies to, but is not limited to boats, accommodation, transport, tackle, meals, etc. You accept that the Company has no liability towards you whatsoever for costs or loss of enjoyment as a result of these changes.
6. Late Arrivals
a) To ensure that there is no delay in completing documentation required by the authorities, you are requested to arrive at the port of departure by 2:00 PM IST a day prior to the trip start date.
b) The Company will not be responsible for any inability to obtain the necessary fishing permits, due to incomplete or delayed submission of documents by you. No refund will be issued by the Company for any loss of fishing day, in part or full, for loss incurred as a direct or indirect consequence of delayed arrivals or delayed fishing permits on account of incomplete documentation.
7. Insurance
a) Personal travel insurance is not included in the tour price. You must obtain adequate personal and/or travel insurance. Your insurance must cover flight cancellation, flight delays, fishing days lost in full or part, due to bad weather, delayed flights, mechanical failure of boat, permit delays, and any foreseeable and unforeseeable circumstances not specifically mentioned etc. Your insurance must also cover against medical expenses including any related to pre-existing medical conditions, emergency repatriation and potential personal accident or loss or damage to personal property.
b) You are required to carry proof of insurance with you and produce it if requested by the Company. The Company reserves the right to cancel your participation in a tour at any time, with no right of refund, if you are unable to provide proof of insurance.
8. Postponement or Delay
Subject to Clause 13 below, the Company may for any reason change the date of departure or conclusion of the tour, including postponement or delay (either in relation to departure or to the duration of the charter) which may become necessary due to an event of Force Majeure. In the event of a change, postponement or delay, participants have no right to refund of the tour price (in whole or in part), any additional costs incurred by you or other compensation for any injury, loss or damage.
9. Rescheduling
a) Any rescheduling of the tour due to cancellation shall be made within 10 (ten) days (I) from the date of the actual tour starting date in case of rescheduling due to cancellation of trip as per Clause 3(b) above or (II) from the date of cancellation, on occurrence of an event of Force Majeure.
b) The Company reserves the right to cancel the rescheduling, without any refund or any other liability towards you, if you fail to reschedule the tour within the time period specified in Clause 9 (a)
c) The cost of rescheduling the tour will be subject to consideration of any increase in fuel and ground costs. Therefore, you may to liable to pay additional 10 – 15 % (percent) on the total costs in normal situations and such higher percent in extraordinary situations, as may be decided solely at the reasonable discretion of the Company.
d) Notwithstanding the above, in the event of rescheduling of any tour on account of either postponement, delay or cancellation, the rescheduled tour shall be completed within a period of 18 (eighteen) months from the date of the originally scheduled trip. In the event the rescheduled trip cannot be completed within a period of 18 (eighteen) months, then the same shall be deemed cancelled and any amounts paid/deposited to the Company shall be forfeited or rescheduled at the sole discretion of the Company and subject to increase in fuel and ground costs.
10. Package Prices
a) The Company calculates package prices based on ground costs and exchange rates. The Company on a best endeavour basis strives to maintain prices, sometimes increases are beyond our control. We reserve the right to amend tour prices (or any part) without notice at any time before and including the departure date.
b) Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, Indian or foreign government action (including changes in the rate of Taxes and any other duties or levies) etc.
c) All price changes effected after a booking has been confirmed are payable within 7 (seven) days of intimation. Should you refuse to accept and pay such price change, the Company reserves the right to cancel the tour and retain any payment made. Provided that, if such change results in an increase of more than 25% (twenty five percent) of the original cost quoted, you may cancel the booking within 21 (twenty-one) days of being notified of the increase in price and obtain a full refund minus any and all bank charges, subject to deduction of USD 100 (hundred US dollars) as service fee per refund.
d) In case you are unwilling to pay the increase in price as intimated by the Company to you, you may write to us within 21 (twenty-one) days of being notified by the Company, requesting us to offer you a similar package for the price being paid by you. The Company may, at its sole discretion, offer a similar package, such as a one day less fishing or accommodation, or a different itinerary, by factoring the difference due to the increase in price.
e) If the holiday you have bought is subsequently sold or offered at a lower price than you paid, the Company will be under no obligation to refund the difference in the price. Any increase in tour prices must be paid prior to the departure date.
11. Exclusions from the Fishing Tour Package
a) The following items are excluded from the tour price:
12. Inclusions in the Fishing Tour Package
a) The following items are included in the tour price:
13. Force Majeure
a) “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire, accident, war or threat of war, terrorist attacks, sabotage, insurrection, civil disturbance, pandemic (including COVID-19), unrest, requisition, sickness, quarantine, government intervention or hindrance of any kind, adverse weather conditions, denial of fishing permits by the authorities or other untold occurrences).
b) In case of an event of Force Majeure which prevent the Company from fulfilling its obligations, the parties shall mutually discuss and agree to a reasonable solution, including rescheduling the trip, which shall be subject to the provisions of Clause 9
c) Notwithstanding the above, the Company shall not be held liable for any refunds towards trip either in whole or in part for any cancellation, delay or postponement of trip attributable to an event of Force Majeure.
14. Liability
a) You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will the Company or any of its directors, employees, consultants and agents be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a tour, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, force majeure or any other event which is beyond our control.
b) Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to 25% (twenty five percent) of the fees paid by you to the Company for the tour.
c) The Companies primary obligation will include to keep the fishing boat ready prior to the trip start date in good and seaworthy condition. For avoidance of doubt the Company does not warrant that the boat is fit for sailing in adverse weather conditions (determined at the sole discretion of the Captain).
15. Amendment to the Terms and Conditions
These Terms and Conditions are provided in good faith and on an as is basis. We reserve the right to amend these terms and conditions at any time by making changes without notice. Any amended terms and conditions will supersede all previous versions or iterations we may have made available and which you may have stored in your cache.
16. Miscellaneous
The Company’s catch and release policy enables fish to be unhooked and returned to the water without serious injury or exhaustion. Hence, you will agree to only use barbless hooks. Failure to comply with this could result in cancellation of your trip with no eligibility for any refund. The Company can withdraw related services including the use of the Company’s boats and the services of the guides and staff.
17. Additional Conditions for Single Angler Trips- Clause 1 & 2 as well as Clause 4 to 16 listed above are also applicable to Single Angler Trips.
a) Minimum number of places: Trips will run subject to a minimum number of places being booked*. The minimum number of anglers required to run the trip is usually specified on the posting but may be reduced at the discretion of the Company. (* a place is booked only when a deposit payment of 50% has been made).
b) Confirmation: The trips will be confirmed by the Company at least 1 (one) month prior to the trip start date or when the minimum number of places have been booked, whichever is earlier.
c) Boats: The Company reserves the right to substitute boats, depending on the number of confirmed anglers. If the required number of anglers is not met for the large boat, the smaller one will be used instead.
d) Deposits & Payments: Deposits & payments for Single Angler Trips are non-refundable, unless the trip is cancelled by the Company.
e) Cancellations: The Company reserves the right to cancel any trip where the minimum number of places has not been filled. A cancellation for this reason will take place no later than 30 days before the trip start date.
f) Refunds: If the trip is cancelled by the Company, you can choose to use the money in full as a credit towards an alternative trip with us, or get a refund of the deposit amount minus any and all bank charges and other applicable administrative and cancellation fees associated with making of such refund.
Additional Conditions for Single Angler Trips- Clause 1 & 2 as well as Clause 4 to 16 listed above are also applicable to Single Angler Trips.
a) Minimum number of places: Trips will run subject to a minimum number of places being booked*. The minimum number of anglers required to run the trip is usually specified on the posting but may be reduced at the discretion of the Company. (* a place is booked only when a deposit payment of 50% has been made).
b) Confirmation: The trips will be confirmed by the Company at least 1 (one) month prior to the trip start date or when the minimum number of places have been booked, whichever is earlier.
c) Boats: The Company reserves the right to substitute boats, depending on the number of confirmed anglers. If the required number of anglers is not met for the large boat, the smaller one will be used instead.
d) Deposits & Payments: Deposits & payments for Single Angler Trips are non-refundable, unless the trip is cancelled by the Company.
e) Cancellations: The Company reserves the right to cancel any trip where the minimum number of places has not been filled. A cancellation for this reason will take place no later than 30 days before the trip start date.
f) Refunds: If the trip is cancelled by the Company, you can choose to use the money in full as a credit towards an alternative trip with us, or get a refund of the deposit amount minus any and all bank charges and other applicable administrative and cancellation fees associated with making of such refund.
