Terms and Conditions of Contract | India
The contract is between you and the Company. The Company is Aquacreed Pvt Ltd (India). The Terms and Conditions are subject to the prevailing laws in the country of your Trip Location. Your contract with the company is effected once the specified deposit has been paid by you and the Company has confirmed acceptance of the booking in writing or by email. If you have any special requests outside the services offered, the Company will endeavour to assist but is not obliged to do so. These must be notified to the company in writing at the time of booking or before confirmation of the booking by the Company. Any such requests received after the Company has confirmed the booking may be subject to additional costs and/or cancellation charges (as detailed below) which must be borne by you.
There are additional Terms & Conditions for Single Angler Trips and these are listed under the Single Angler Trips – additional Terms & Conditions tab.
Points 1 & 2 as well as 4 to 12 listed below are also applicable to Single Angler Trips.
By paying a deposit to secure your booking you are confirming that you have read and that you agree to the Terms & Conditions listed on our website under the General Terms & Conditions & (if applicable) Single Angler Trips – additional Terms & Conditions sections.
1. How to Book
Bookings will be held only after the specified deposit payment has been received by the Company. The balance payment has to be made no later than 60 days (2 months) prior to your trip date or as agreed by the Company in writing.
The prices quoted are for payment by draft, wire transfer, cheque or money order. The full trip price is payable to the Company 60 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.
3. Cancellations – *This point does not apply to Single Angler Trips
If it becomes necessary to cancel your tour, you must 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:
If cancellation takes place more than 90 days prior to departure, your full deposit will be returned except bank charges for processing the refund
If cancellation takes place between 90 and 75 days prior to departure, 50% of the tour price will be forfeited; and
If cancellation takes place less than 75 days prior to departure, 100% of the tour price will be forfeited.
The tour price is quoted as a package. No partial refunds or credit will be given for services not used. We recommend that you obtain travel insurance upon booking.
4. Health and Fitness Requirements
Participants must be in good health and reasonable physical condition. It is vital that participants with medical problems make them known to us well before departure. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or 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 our boats are equipped with life jackets, in case of any emergency. However, per the Rules and Regulations pertaining to Sport Fishing, it is necessary that any participant in Sport Fishing have basic ability to swim.
5. Delay, Cancellation or Change of Itinerary
The Company reserves the right to cancel any charter prior to departure in which case participants will be given a refund in full. However, 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).
Aqua Creed Pvt. Ltd. will make arrangements for alternate boats, should our boats be unable to operate during your trip, in case we cannot do so then we will refund that day/days fishing charges to you via your bank account and no cash refunds will be made locally.
Gamefishing Asia reserves the right to replace 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.
6. Late Arrivals
The Rules for Sport Fishing stipulate that a fishing permit needs to be applied for every person going out on the boat each day. Application for the permit needs to be submitted online before 6 pm. Allowing for sketchy internet connections, website downtime, unplanned delays etc. Gamefishing Asia would plan to submit the fishing permit applications for its clients by 4 pm each evening. Permits can be applied for only after Restricted Area Permits are available (issued for all foreigners on arrival in Port Blair). To ensure that there is no delay in applying for the permits, we recommend that our customers plan their flights so as to arrive in Port Blair latest by 2:00 pm.
Gamefishing Asia will not be responsible for inability to obtain the necessary fishing permits caused by delayed arrival of the customer. No refund will be issued by Gamefishing Asia for any loss of fishing day, in part or full, for loss incurred as a direct or indirect consequence of delayed arrivals.
Personal travel insurance is not included in the tour price. We recommend that you take out travel insurance including cancellation insurance upon booking.
8. Postponement or Delay
The Company may for any reason change the date of departure or conclusion of the tour, postponement or delay (either in relation to departure or to the duration of the charter) may become necessary due to inclement weather, strikes, civil disturbance or for any act of god there will be no refund. In the event of a change, postponement or delay, participants have no right to refund of the tour price (in whole or in part) or other compensation for any injury, loss or damage.
9. Package Prices
Package prices are based on ground costs and exchange rates. The Company will endeavour not to increase tour prices, however 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. 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. All price changes effected after a booking has been confirmed are payable within 7 days of intimation. If such change results in an increase of more than 10% of the original cost quoted, you may cancel the booking and obtain a full refund, less an administration charge of not more than US$ 50 per person. In the event that the holiday you have bought is subsequently sold or offered for sale at a lower price than you paid, we 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.
10. Exclusions from Tour Price
The following items are excluded from the tour price:
11. Inclusions in the Fishing Tour Package
The following are included in our tour package price unless explicitly communicated otherwise:
12. Use of Barbless Hooks Only
You agree to only use Barbless hooks. These are an integral part of the Company’s catch and release policy enabling fish to be unhooked and returned to the water without serious injury or exhaustion. Failure to comply with this could result in a refusal by the Company to provide you with related services including the use of the Company’s Boats and the services of our Guides and staff. Your trip maybe foreclosed and you will not be eligible for a refund.
Points 1 & 2 as well as 4 to 12 listed under the General Terms & Conditions tab are also applicable to Single Angler Trips. Please make sure that you have read and agree to our terms & conditions before booking your trip.
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 AquaCreed Private Ltd.
(* a place is booked only when a deposit payment of 50% has been made)
The trips will be confirmed by AquaCreed Private Ltd at least 1 month prior to the trip start date or when the minimum number of places have been booked – whichever is earlier.
AquaCreed Private Ltd reserves the right to substitute the boat specified for a smaller one if the trip is confirmed despite the minimum number of places not being booked.
Deposits & Payments:
Deposits & payments for Single Angler Trips are non-refundable – unless the trip is cancelled by AquaCreed Private Ltd.
AquaCreed Private Ltd 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.
If the trip is cancelled by AquaCreed Private Ltd you can choose to use the money in full as a credit towards another trip with AquaCreed Private Ltd or you can have a refund of the deposit amount paid by you less any bank charges incurred by us for returning these funds to you.