Terms of service.

1.0  Definitions

 1.1 These are the terms and conditions that apply to your booking.

 1.2 In these terms and conditions, “we”, “us” and “Soulful Safaris” refer to Soulful Safaris (OPC) Private Limited, a company registered under the Companies Act, 2013 (18 of 2013), and that the company is limited by shares. It is classified as a Non-govt company and is registered at Registrar of Companies, Indore, Madhya Pradesh.

 Soulful Safaris (OPC) Private Limited’s Corporate Identification Number is (CIN) U63030MP2022OPC061144. Its Email address is [email protected] and website is www.soulfulsafarisindia.com and its registered address is 506, DIAMOND HEIGHTS, 302 SILICON CITY RAAU, INDORE, Indore, Madhya Pradesh, India, 452001. The corporate office is located in Delhi at 49, 3rd Floor, Shanti Kunj Main, New Delhi – 110070

 1.3 In these terms and conditions, “Holiday Package” or “Vacation” or “Tailor Made Holiday” or “Trip” refers to the vacation or holiday package that you are going to purchase or have purchased from Soulful Safaris.

 1.4 In these terms and conditions, “Client/s” or “Guest/s” refers to any person traveling or intending to travel on a tour operated by us.

 1.5 In these terms and conditions, “Travel Documents” refers to the package of information that Soulful Safaris issues prior to your vacation departure, including a digital or hard copy of your vacation itinerary and your customer instructions.

 2.0 General Legal Provisions

 2.1 Your Vacation Package contract is governed exclusively by Indian law and is subject to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh, or New Delhi, India.

 2.2 Our terms and conditions of sale do not affect your statutory rights. We only adhere to statutory law as recognized in India. Statutory rights applicable in other countries do not apply to your booking.

 2.3 The copyright of the material contained on our website www.soulfulsafarisindia.com  and our associated websites, brochures, flyers, itineraries, and other marketing material belongs to that of Soulful Safaris or the relevant Licensors. No part of this material may be copied without our express permission.

 2.4 Soulful Safaris strictly prohibits any acts of sexual exploitation against children, adolescents, or adults in the services we provide. We will actively cooperate with local law enforcement in destinations we serve should we believe that an act of sexual exploitation has occurred.  

2.5 The law regarding accommodation for persons with special abilities varies from country to country and we cannot guarantee that all hotels, transport, and amenities will be equipped and suitable for wheelchair users or disabled persons. We will endeavor to the best of our abilities to accommodate the needs of clients with special needs.

 2.6 Before booking clients should read through the website and understand the terms and conditions set out in it. We also recommend that you contact our reservations department to check the most up-to-date information about the vacation that you have chosen. Contact us immediately if you think any details, we have provided are inaccurate.

 2.7 All our tours are quoted and sold in the currency of the Indian Rupees (INR). Any other currencies quoted are for reference purposes only.

 2.8 Soulful Safaris reserves the right to operate touristic services directly or act as an intermediary of touristic services between the client and a third-party provider of tourist services, either within India or in a foreign country.

 3.0 Contract

 3.1 The contract is between Soulful Safaris and the client, the person who confirmed their intent to purchase a vacation package arranged by us, by paying the agreed deposit and/or signing a booking form. Once the contract is established our terms and conditions of sale apply to your booking. Domestic flights (or flights to Nepal, Kathmandu, or Sri Lanka) purchased by us are not covered by our terms and conditions of sale, but by the terms and conditions imposed by the airline provider.

 3.2 Only Soulful Safaris and the person(s) who enters into the contract shall have any rights to cancel or amend the trip and enforce these terms and conditions.

 3.3 The terms and conditions apply to all persons named in the booking document.

 3.4 When payment is made through our credit card merchant services, you will be required to agree to the terms and conditions of the credit card payment platform. This is required in addition to your agreeing to the terms and conditions of the sale of Soulful Safaris. The terms and conditions of the payments platform in no way supersede, adversely affect, or change our terms and conditions of sale.

4.0 Itinerary Creations & Fees

4.1 Soulful Safaris reserves the right to request an itinerary creation fee in certain projects prior to working with a client or at any point of the quotation process.

 4.2 An itinerary creation is a stand-alone product offered by Soulful Safaris to potential clients. It is not related to any other service or product that we offer. The itinerary creation fee is for the creation and supply of one revision of a workable travel itinerary tailored to a client’s specific requirements. The fee for an itinerary creation is US$ 250 equivalent to Indian Rupees. If deemed necessary, subsequent revisions of the itinerary may be subject to further charges and will be charged at US$ 150 (equivalent to Indian Rupees) per additional revision. The itinerary creation fee and any subsequent revision fees are 100% non-refundable.

 4.3 If a client that has purchased an itinerary creation product wishes to convert the itinerary to a confirmed booking with Soulful Safaris, we will deduct the itinerary creation fee(s) from the sale price of the itinerary.

 5.0 Confirming your booking and Deposit

 5.1 A booking is accepted and becomes legally binding from the date that Soulful Safaris receives the client’s agreed deposit in full and/or signing our booking form. At this time the deposit becomes 100% non-refundable and non-transferable. We charge a minimum of 20% deposit and the price applicable for booking your domestic flights. During peak season we may require a higher deposit amount.

 5.2 Soulful Safaris requires a fully completed and electronically (or physically) signed booking form, which we will send to you at the time of booking.

 5.3 To comply with Indian law, Soulful Safaris requires that all persons listed in the booking document provide a valid passport copy that is suitable for international travel. The passport must be valid for the entire duration of your vacation package and have a minimum of 6 months of validity on the passport from the day that you start your vacation package.

 5.4 Travel visas, reciprocity fees if any, vaccinations, and travel medications are the sole responsibility of the client. Soulful Safaris accepts no responsibility should the client not comply with the entry requirements of India.

 5.5 Upon paying the agreed deposit, the client understands that the deposit is 100% non-refundable and non-transferrable under any circumstances.

 5.6 If the client is unable to complete the booking form due to disability or due to a lack of technical ability with using a computer or emails, then we may make a special exception and permit the required booking information to be sent in the body of an email.

 5.7 Bookings will only be accepted up to and including 15 days prior to your scheduled departure date. In certain circumstances, Soulful Safaris may allow a reduction in days.

 5.8 Soulful Safaris reserves the right to decline any booking at its discretion.

 5.9 Valid methods of payment include direct wire transfers and payment by credit card (Visa, MasterCard, Diners Club & American Express). Credit card payments are accepted only via our payment getaway. Due to limitations of the system or maintenance procedures, we cannot guarantee that all credit cards will be accepted at any one time.

 5.10 If you have special requests, we will try to confirm whether these can be met for you prior to booking. If we are unable to confirm any such requests, we will advise you before you book. We cannot guarantee any unconfirmed special requests nor advise you whether such requests have been fulfilled before you leave. We cannot normally confirm or guarantee special requests received within 15 days before departure.

 6.0 Confirmation your Booking (by Soulful Safaris)

 6.1 Once Soulful Safaris has received a completed booking document, the full deposit payment, and valid passport copies from the client, we will proceed to confirm the services outlined in the agreed itinerary. The confirmation process usually takes between 10 – 15 working days to complete. Once complete we will send you a confirmed itinerary.

 6.2 No hotel reservation is pre-checked for availability at the quotation stage. Therefore, when confirming your booking, should a quoted hotel not be available, Soulful Safaris will request to go on the waiting list for the original hotel, and make a backup reservation at a hotel of the same level and price (according to our confidential rates, not public rates). If Soulful Safaris is unable to reserve a hotel of the same level, we will reserve a hotel in a lower-level category and discount the difference in tariff (if applicable, and according to our confidential rates) to the itinerary. We will confirm any differences in the hotel in writing.

 6.3 No service is pre-checked for availability at the quotation stage. If a quoted service including but not limited to excursions, trains, flights, etc., is not available, we will substitute the original service for an alternative of the same value. If this is not possible, we will offer a lower-cost option and refund the difference (according to our confidential rates). We will inform the client in writing of the change.

 7.0 Final Payments and Surcharging

 7.1 The final payment plus any applicable surcharges and any other agreed price changes to your tour are payable to Soulful Safaris 75 days prior to the first contracted service of your vacation package. There are no exceptions to this rule. If we do not receive the final payment within the specified time, Soulful Safaris reserves the right to cancel your tour and apply our standard cancellation policy. It is the client´s responsibility to ensure the final payment is paid on time, we do not usually send reminders for money we are owed.

 7.2 If Soulful Safaris considers that significant changes have been made to your trip between the time of booking and 75 days before your trip, Soulful Safaris reserves the right to request an additional non-refundable deposit.

 7.3 Soulful Safaris reserves the right to surcharge your tour, and to take into account any price increases beyond our or our suppliers’ control caused by government actions, changes in scheduled airfares, currency fluctuations, and increased transportation costs including fuel and government taxes. 

 8.0 Changes and amendments to your tour

 8.1 Changes or amendments may only be made by the person(s) that have entered into a contract with Soulful Safaris. If two or more people have entered into a contract for the same vacation package, then express and written agreement of all parties is required before we proceed to make any change or amendment.

 8.2 If a change or amendment to a trip by one party affects the travel plans and costs of another party in the group, the first party is responsible for any additional costs incurred. Soulful Safaris is not liable for any additional costs incurred.

 8.3 In the unlikely event that we have to change or cancel your vacation package, we will inform you as soon as reasonably possible. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you. This includes but is not limited to hotel bookings and transportation times/schedules.

 8.4 An administration fee of $150 per person (equivalent in INR) will be charged if a confirmed booking is changed or transferred to a different departure date or tour, up to 75 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the charges below. (See cancellation policy below). Should this change or transfer to a different departure date result in the cancellation of pre-paid services (like flights or trains etc.) the client shall also be liable to pay for any additional charges which are levied by our suppliers and will not be the responsibility of Soulful Safaris.

 9.0 General Cancellation and Refund policy

 9.1 If a trip is canceled more than 76 days prior to the start date:

  •  Any cancellation fees, surcharges, or non-refundable deposits charged to Soulful Safaris by individual hotels, airlines or other third parties will be charged.
  • We will retain 100% of the deposit
  • The remainder of any deposits paid to Soulful Safaris will be refunded.

 9.2 If a trip is canceled between 75 and 60 days prior to the start date:

  • Any cancellation fees, surcharges, or non-refundable deposits charged to Soulful Safaris by individual hotels, airlines or other third parties will be charged.
  • Additionally, a cancellation fee of 25% of the total trip cost will apply.
  • The remainder of any deposits or payments paid to Soulful Safaris will be refunded.

 9.3 If a trip is canceled between 60 and 45 days prior to the arrival date:

  • Any cancellation fees, surcharges, or non-refundable deposits charged to Soulful Safaris by individual hotels, airlines or other third parties will be charged.
  • Additionally, a cancellation fee of 50% of the total trip cost will apply.
  • The remainder of any deposits or payments paid to Soulful Safaris will be refunded.

 9.4 If a trip is canceled between 45 and 30 days prior to the arrival date:

  • Any cancellation fees, surcharges, or non-refundable deposits charged to Soulful Safaris by individual hotels, airlines or other third parties will be charged.
  • Additionally, a cancellation fee of 75% of the total trip cost will apply.
  • The remainder of any deposits or payments paid to Soulful Safaris will be refunded.

9.5 If a trip is canceled between 30 and 15 days prior to the arrival date:

  •  A cancellation fee of 100% of the total trip cost will apply.

 9.6 Should the client wish to cancel a booking with us, then they must provide a written and dated letter or an email confirming they wish to cancel.

 10.0 General Refund Policy

 10.1 Refunds will be made in accordance with the Cancellations and Refund Policy mentioned above. No additional refunds will be made for no-shows or any unused part of the itinerary whether voluntary, caused by airline delay or cancellation, or any other factor beyond the control of Soulful Safaris including but not limited to acts of god, strike, detention, riot, war, theft, civil disturbances, government regulations or restrictions, third-party or subcontractor negligence, or any other. No responsibility can be accepted for expenses incurred due to delay or change in schedule or other causes.

10.2 Covid Refund policy

In case of a surge in Covid cases and should there be a situation wherein guests could not travel, we will retain 20% of the deposit as an admin fee towards our time in designing holidays and arranging logistics. For the balance amount, we will issue a credit note to be utilized for a future date for the advance paid in case of following situations:

  • If there is a resurgence in infection rates to the extent that your government restricts all non-essential travel.
  • If India as a destination is under an official government-sanctioned lockdown and prohibits guests from traveling.
  • If the guest has contracted Covid-19 within 21 days of travel and has the correct test proof of documentation.
  • If the guest has been placed in quarantine or forced self-isolation 21 days prior to travel subject to proof of documentation.

 We pay advance to hotels between 45 – 30 days, and hotels usually do not give refunds. They issue a credit note for a future date to be utilized by the same guests. Some of the hotels offer refunds, which we pass on to the guests.

 11.0 Liability

 11.1 Soulful Safaris is not liable if we or our suppliers are hindered from providing all or part of a vacation package due to unusual and unforeseeable circumstances beyond our control or that of our agents, suppliers, or subcontractors that could not have been avoided or due to an event that we could not (even with all due care) have foreseen or prevented. The circumstances and events referred to above include (but are not limited to) the following: war or threat of war, pandemics, a local or international health crisis, riot or civil disturbance, terrorist or threatened terrorist activity, industrial disputes or threatened industrial disputes, the actions of national or local governments, natural or nuclear disasters, fire or flood, adverse weather conditions, delays in your flights, airports being closed or full, cancellation or changes to service of scheduled transport providers, changes brought about as a result of recommendations made by the Foreign and Commonwealth Office or any other government or international organization or agency, any changes in legislation or other government or local authority measures made or taken after the date on which you book your tour, airport departure taxes, and any additional costs incurred by irresponsible behavior. The liability for any additional costs incurred is the sole reasonability of the client.

 11.2 Clients’ bookings are accepted on the understanding that they appreciate the risks inherent to travel and that they undertake the tours, excursions, and adventure activities featured in our vacation packages at their own risk. It is also important to understand that the most meticulously planned arrangement can go wrong. Conditions are such on some of our activities that there may be occasions when delays, discomforts, or unforeseen circumstances will occur. Soulful Safaris cannot accept responsibility due to these aspects.

 11.3 Where the client does not suffer a personal injury, the company accepts liability should any part of the tour arrangements, booked with Soulful Safaris, not be supplied as described in the itinerary. In such cases, Soulful Safaris will pay reasonable compensation if the client’s enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Soulful Safaris or its suppliers and the reason for the failure was the client’s own fault, the actions of someone unconnected with the tour arrangements or one which neither the company nor its suppliers could have anticipated or avoided, even if all due care had been exercised.

 11.4 When the client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with us, Soulful Safaris accepts responsibility unless there has been no fault on Soulful Safaris’ part or its suppliers and the cause was the client’s fault, the fault of another member of the party, the action of someone unconnected with the tour arrangements, or one which neither Soulful Safaris nor its suppliers could have anticipated or avoided, even with the exercise of all due care.

 11.5 Soulful Safaris’ acceptance of liability to pay compensation does not apply in the case of air travel, public bus travel, rail travel, sea/river travel, or hotel accommodations.

 11.6 We do not accept liability where any form of loss or damage is due to your own fault or that of any party named on your booking.

 11.7 Soulful Safaris accepts no liability for lost, delayed, or damaged luggage or personal items at any time during your vacation. We strongly advise that you take out trip insurance that provides sufficient coverage should you suffer damage or loss of your luggage and damage or loss of your personal belongings.

 12.0 Delays & Flight delays

 12.1 Soulful Safaris cannot accept responsibility for additional costs incurred directly or indirectly by flight delays including but not limited to cancellations of scheduled flights, delays caused by mechanical breakdown or bad maintenance, changes in airlines schedules, actions of the airport authority & air-traffic controllers, bad weather conditions and industrial action.

 12.2 Soulful Safaris cannot accept responsibility for additional costs incurred directly or indirectly by other transport delays that are beyond our control including but not limited to cancellation or the change of scheduled trains, bus and cruise departures, delays caused by mechanical breakdown or bad maintenance, actions of the local or national authorities, bad weather conditions and industrial action.

 12.3 Additional costs incurred by flight and train delays are the responsibility of the client and not Soulful Safaris.

 13.0 Complaints

 13.1 We can usually sort out problems on the spot if we know about them. It is your responsibility to inform your local contact or us at that specific time should you have a complaint. You should notify us in writing of all complaints as soon as possible and, in any event, no later than 28 days after your return home. This is to give us a reasonable opportunity to make appropriate inquiries and obtain evidence. If you do not follow this procedure, it will make it harder for us to resolve your complaint and this could prejudice any claim for compensation that you wish to make.

 14.0 Your Responsibilities

 14.1 If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, you are behaving in a way that will cause or is likely to cause danger or distress, or annoyance to other people or damage to property, we reserve the right to terminate your vacation package without refund or payment of compensation. If we incur any additional expense as a result of your behavior you shall fully compensate us for that expense.

 14.2 For your own protection, we strongly recommend that you and all members listed in your booking take out suitable travel insurance. Please note it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs.

 14.3 You must ensure that you have a valid passport and necessary visas for entry to all countries for the entirety of your vacation. We are not responsible or liable to you if you fail to follow the correct procedures. We reserve the right to charge for any penalties or expenses that we incur as a result of your failure to travel with appropriate travel documents.

 14.4 It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertaken.

 15.5 It is your responsibility to ensure that you can prove you have had any necessary vaccinations for your travel arrangements. Consult your doctor about any health requirements for all destinations to which you are traveling. We are not liable if you are refused entry to any country or part of a country because you cannot prove that you have had the necessary vaccinations or because you do not comply with the health requirements of your destinations.

15.0 Our Privacy Policy

 15.1 Information collected in conjunction with any client intending or traveling with Soulful Safaris including names, dates of birth, addresses, telephone numbers, email addresses, passport numbers, tour details, and tariffs are for the strict use of Soulful Safaris and legally owned divisions of Soulful Safaris. We will not sell or pass on any details about our clients for profit or gain, all information is kept in the strictest of confidence. We do however reserve the right to pass on only the relevant information to our approved suppliers, partners, government authorities, authorized financial institutions (banks and credit card processors), and to legal representation of Soulful Safaris. This information is used in order to purchase specific parts of the contracted tour, including but not limited to airline tickets, hotels, services, government permits/tickets, and transportation. The information may also be used to defend or initiate legal actions and defend credit card or bank chargeback claims.

 15.2 Should we handle payment information such as credit card or direct bank transfer details it is our policy to permanently destroy any written records as soon as the transaction has been completed.

 15.3 We will never store your sensitive payment information electronically or keep any other records in our systems. We will only send information electronically for the processing of payments and only ever use a secure and reputable service provider. If you choose to pay for your vacation package through one of our payment service providers, you need to read, understand and agree to their own terms and conditions before making any payment, as they may be different from ours.

 15.4 We will retain your name, address contact details, tour information, and passport copies in our system for a period of 7 years only. All other information will be permanently destroyed 60 days following the last date of your vacation.

 15.5 We may use your contact details to directly offer you relevant travel news associated with our products, or special offers. Should you wish that your contact details are not used for this purpose you can send a message to us via email and request to be removed from our listings.

 16.0 HEALTH PROBLEMS

 16.1 Persons with medical conditions, dietary conditions, or other health problems should make them known to Soulful Safaris well before arrival. We reserve the right to disqualify anyone at any time during the tour if it is felt that the individual is physically incapable of performing an activity and/or if that individual’s continued participation would jeopardize the safety of the group or hinder the normal functioning or scheduling of the tour. Soulful Safaris assumes no responsibility for special arrangements necessary for or problems experienced by passengers physically unable to participate in the planned activities.

 17.0 SUSTAINABLE TRAVEL AGREEMENT

 In an effort to improve the effectiveness of our sustainable travel policy we hope that you as visitors to our beloved country will work with us on the following important points:

 17.1 LEAVE NO TRACE: Reduce your impact on the areas where you travel as much as possible. Respect wildlife, flora, and fauna, reduce the amount of plastic and other waste you produce (refill water bottles especially) dispose of waste properly, be considerate of other visitors and leave what you find – do not remove/damage any cultural or historic structures or artifacts including rocks, native plants, and other natural objects. Please leave everything as it was and where it was when you arrived.

 17.2 NO TO TRAFFICKING: Soulful Safaris will not tolerate the trafficking of any illegal items such as animals, plants, and archaeological artifacts.

 17.3 NO TO SEXUAL TOURISM & CHILD PROSTITUTION: Soulful Safaris is wholly against any form of sexual tourism and child prostitution.

 17.4 LEARN THE LANGUAGE: We encourage visitors to learn a few simple words and phrases of Hindi (or the state language) before your visit. Even the simplest words and phrases will go a long way in allowing you to interact with the local people. And, no matter how little you know, it’s always appreciated.

 17.5 PURCHASE LOCALLY MADE GOODS: We encourage you whilst in the country to buy locally produced products and services. We strive to offer this to you already within your itinerary but if in doubt please ask our office or your guides & drivers for more information on the services being provided and/or to direct you to locally owned businesses and cooperatives.

 17.6 CONSERVE PRECIOUS RESOURCES:

Reduce. When staying in hotels avoid having sheets and towels changed daily; turn off lights, air conditioner/heater, and television when you are out; take shorter showers.

Re-use. Avoid repeated purchases of plastic water bottles. Refill them where possible.

Recycle. Soulful Safaris has a recycling program so leave any cans, bottles, or paper with your driver.

 17.7 LEARN ABOUT YOUR DESTINATION: Buy guidebooks or use the internet to learn something about the culture, history, politics, and geography of the places you’ll be visiting. Most importantly, know how to be a good guest in the country or culture. Please ask your guide or driver about culturally accepted behaviors. Be open to different ways of thinking, living, and working. Accepting the differences in cultures is part of the travel experience.

 17.8 BE CULTURALLY SENSITIVE: Ensure that your dress and behavior are in line with socially acceptable limits within the area you are visiting. Be especially sensitive about taking photographs and interacting with children. If you are in doubt about what is/is not acceptable please check with your guide, driver, hotel staff, or our office.

 17.9 AVOID GIVING MONEY OR CANDY TO CHILDREN: Giving directly to children encourages begging and can undermine parents who cannot afford to give their children such items. If you must give gifts, Soulful Safaris would be happy to channel your donations to needy organizations.