General Terms and Conditions - Food-and-Ojas, India Tour
1.1 Formation of contract
With your booking for a India Tour (registration), whether in person, by phone, in writing or electronically, a contract is concluded, obliging Food-and-Ojas to make the reservation firmly. In case of non-compliance with the payment terms, Food-and-Ojas reserves the right to cancel the booking and charge CHF 200.00 for processing costs.
The conclusion of the contract between the customer and Food-and-Ojas comes into effect with the unconditional acceptance of these terms and conditions within the registration framework. From then on, the rights and obligations arising from the contract (including the general contract and hotel conditions) become effective for customers and Food-and-Ojas.
Suppose the person making the booking registers additional travel participants. In that case, he/she is responsible for their contractual obligations (in particular for payment of the travel price and compliance with any entry regulations) as well as for his/her own obligations.
Each registration obligates to an immediate down payment of 40% of the travel price per person. The balance is due 44 days before the start of the trip. For bookings within 44 days before departure, the total amount is due immediately. It is possible to pay by bank transfer.
Those who waive services that are included in the package price (domestic flight, transfer, accommodation, meals, etc.) are not entitled to any refund or reduction.
1.2 Prices
The prices valid at the time of booking are applicable. Food-and-Ojas reserves the right to change the published prices if necessary. Our prices are calculated on a per-stay basis, i.e. reservations over several price periods are calculated proportionally at the respective seasonal prices (including domestic airfares). Furthermore, the price may vary for smaller groups.
1.3 Price changes
Food-and-Ojas' trips involve a great deal of organizational effort and must be organized and planned well in advance. Therefore, price changes may occur for the following reasons, which were not known at the time the trip was created:
- increase in transportation costs (e.g. fuel surcharges)
- newly introduced or increased taxes or fees (e.g. increased airport taxes, security fees, insurance fees, increased national park fees)
- government-imposed price increases
- exchange rate changes
Food-and-Ojas will notify price changes before the agreed departure date no later than 21 days. If the price increase is more than 10% of the original tour price, you can withdraw from the tour contract free of charge. Your notification must be in writing and by registered mail, within five working days of receipt of our information by Food-and-Ojas.
1.3 Additional costs during the trip
Additional costs caused by unforeseen circumstances beyond the control of Food-and-Ojas or a service provider are to be borne by the Customers. Program changes with additional costs of less than 10% of the tour price can be made without prior notice. These additional costs will be charged to the customers in any case. In all changes, the customers' safety is always in the foreground.
2. Terms of payment
2.1 Prices
The indicative prices for travel arrangements can be found on our website's price list. The final amount for the trip is to be paid before the start of the trip as follows:
2.2 Deposit
After booking your trip, you will receive a confirmation/invoice from us. A deposit of 40% of the guide price must be paid immediately.
If the deposit is not received within 10 days after the booking is completed, Food-and-Ojas reserves the right to cancel the booking.
2.3 Final payment
The final payment must be received by Food-and-Ojas at least 45 days before departure.
2.4 Short term booking
The full invoice amount is due immediately for bookings less than 45 days before departure.
2.5 Processing fee for private travel offers
It is also possible to book an individual trip. For the processing of individually prepared travel programs, a fee of CHF 250.-- per offer will be charged. The fee will be credited to the travel price in case of a definite booking.
2.6 Default of payment
If the payments are not made in time, Food-and-Ojas can refuse the travel service and withdraw from the contract. Food-and-Ojas can claim the cancellation costs according to paragraph 6.
2.7 Bookings through Tripaneer
If the tour is booked through Tripaneer's website "bookyogaretreats", a non-refundable deposit of 40% must be paid directly to Tripaneer after booking. The remaining amount, payable directly to Food and Ojas, is due no later than 44 days prior to departure. Only on this 60% payment is a refund possible as described in paragraph 5, 5.1 - 5.3
3. Accommodation, meals, sightseeing and tips.
3.1 The prices quoted are per person in a double room or, for an additional charge, in a single room in 4-star hotels, including breakfast.
3.2 Lunch is not included, nor is dinner. Personal spending for drinks, phone calls, etc. will be at your expense. Fresh, bottled water is provided on a daily basis free of charge..
3.3 Entrance fees to the above sights and Tiger Safari are not included in our program.
3.4Tips for drivers, local guides, hotel bellboys, waiters etc. are not included in the price. Please take this into consideration as tips are a significant part of the income of service providers.
4. International flight booking and starting point in Dehli, India
Booking international flights and paying for the corresponding flight tickets is the customer's sole responsibility and is not included in the offer. Food-and-Ojas does not assume any liability or reimbursement for this. The contract terms of the flight provider apply. Timely arrival at the departure and starting points, Delhi, is the sole responsibility of the customer.
4.1 Arrival or Departure Dehli Airport
Once you have booked your flight, please inform Food-and-Ojas of your arrival time and flight number. One of our local tour operators will be waiting for you with a sign with your name to transfer you to the hotel.
On the day of departure, you will be shuttled back to the airport.
If you arrive earlier or stay longer in India, you are responsible for further hotel reservations and payments. Food-and-Ojas can assist with additional hotel bookings, tours, transportation, etc. (See point 2.5).
5. Program changes
Food-and-Ojas reserves the right, especially in your interest, to change the travel program or individual services before or during the trip (e.g. accommodation, mode of transport, means of transport, airlines or times, etc.) if unforeseen circumstances make this necessary. If a significant part of the agreed service is not provided, Food-and-Ojas will compensate you for the difference between the service not provided and the tour price, as long as Food-and-Ojas is not charged to third parties for these services. Further claims for damages are excluded.
5.1 Cancellation of the trip by Food-and-Ojas
If the trip has to be canceled for a reason for which Food-and-Ojas is responsible, the customer is entitled to a refund of the booking price already paid. A claim for damages (and also for consequential costs arising therefrom) is excluded. Since the booking of international flights is not included in the offer of Food-and-Ojas, a refund for such already booked flight tickets is to be clarified directly with the respective airline. Food-and-Ojas does not assume any guarantee for this and cannot provide any compensation for this.
5.2 Minimum number of participants not reached
If any minimum number of participants for a group tour specified on the Website for the trip is not reached, the Company may cancel the trip no later than three weeks before the departure date. In this case, the customer is entitled to a refund of the booking price already paid. A claim for damages is excluded.
However, it is also possible to change the India Yoga Ayurveda Tour to a private or small group tour with a maximum of 4 persons. The amount already paid will be deducted from the additional costs for this private or small group tour.
5.3 Impeded execution of the trip due to force majeure
If the execution of the trip is made considerably more difficult, endangered or impossible due to force majeure (e.g. natural disasters, epidemics, riots, official orders, strikes, etc.), Food-and-Ojas can cancel the trip at any time. In this case, the Customer is entitled to a refund of the travel price already paid.
Nonetheless, Food-and-Ojas is authorized to charge the expenses made and the costs already incurred. However, a claim for other compensation is also excluded in this case.
We recommend that you take out travel insurance.
6. Change and withdrawal provisions
6.1 Cancellation or Travel Change Date
If you wish to cancel or change a trip, you must notify Food-and-Ojas by registered letter. The date of receipt of your written notice by the booking office is decisive for calculating the cancellation or change date; for Saturdays, Sundays, and public holidays, the next working day is decisive.
6.2 Cancellation costs
Suppose you cancel a trip after you have made a booking (verbally, by telephone, by e-mail in writing, or electronically), in addition to a processing fee of Fr. 250.00 per person (max. Fr. 500.00 per invoice). In that case, the following cancellation costs will be charged as a percentage of the trip price from the date of booking:
From booking
| 121 | before the date of departure | 20% | of the tour price |
| 120 - 91 | before the date of departure | 35 % | of the tour price |
| 90 - 61 | before the date of departure | 50% | of the tour price |
| 60 - 45 | before the date of departure | 80% | of the tour price |
| 44 - 0 | before the date of departure | 100% | of the tour price |
6.3 Sightseeing and Panna National Park /Tiger Safari
In case of your cancellation or change of reservation for sightseeing as per program and Tiger Safari in Panna National Park, 100% cancellation fee will be charged from the booking date.
6.4 Domestic flight
The cancellation charges for the domestic flight consist of the cancellation fees charged by the airline and a handling fee. The costs will be charged to the customer in full.
6.5 No-Show
If you arrive too late or not at all for your trip (no-show) or miss land services on site for the same reasons, 100% cancellation costs will be charged.
Non-arrival, late arrival, arrival without the necessary travel documents, or trip interruption cause 100% cancellation costs.
7. Insurances
In your interest, we recommend that you take out cancellation insurance. If you already have such insurance, please enclose a copy of the insurance policy with your registration. Ensure you are adequately insured for accidents, illnesses, and hospital costs abroad.
8. Premature termination of the trip or program changes during the trip by the customer.
If you prematurely cancel the trip for any reason, Food-and-Ojas cannot refund the trip price. Food-and-Ojas and the local representative will assist you as much as possible in organizing your return trip or change in urgent cases (illness or accident, serious illness or death of relatives, etc.). We recommend that you take out travel insurance to cover the cost of an unforeseen return trip in accordance with the terms of the insurance.
In case of trip interruption or all personal changes to the trip, the customer will bear additional costs. Booked services at Food-and-Ojas are not refundable.
9. Entry travel visa and health regulations
You are solely responsible for compliance with the prescribed passport, visa, customs, foreign exchange, and health regulations.
9.1 Visa requirements
Food-and-Ojas fulfills its obligation to inform you about entry documents; you are responsible and obliged to comply with entry, India Travel Visa, and health, and foreign exchange regulations. Should you not be able to start your trip or be refused entry due to missing or late documents, you will have to pay for this yourself. This circumstance does not release you from the travel contract.
9.2 Health regulations
We recommend that you check with your family doctor or tropical doctor for any individual vaccinations before booking your trip, at least 6 weeks before departure. Please note that Food-and-Ojas cannot assume any responsibility regarding required vaccinations. The medical responsibility in this regard lies explicitly with your family doctor or the tropical doctor.
10. Travel documents
For the travel documents to be issued correctly, you must provide your first name and surname, date of birth, etc., when booking, according to the information in your passport. If the names on the travel documents do not match those in your passport, you may be refused entry and forced repatriation, which you will bear. If travel documents (visas, air tickets, etc.) have to be reissued because the information in the application does not match that in the passport, the costs will be borne by you. You are solely responsible for the completeness and prescribed validity of your travel documents such as passport, ID, visas, etc.
11. Data protection
The Customer explicitly agrees that Food-and-Ojas may process and use the data recorded in the course of the contract's conclusion to fulfill the obligations arising from the contract. Food-and-Ojas will take all measures, as far as possible and reasonable, which are necessary to secure the data in accordance with the legal regulations. The Customer fully agrees with the storage and contractual use of his/her data by Food-and-Ojas and is aware that Food-and-Ojas is obliged and entitled to disclose information from the Customer to them or to third parties upon the order of courts or authorities.
Unless expressly prohibited by the Customer, Food-and-Ojas may use photos or videos taken during the trip for marketing purposes.
12 Liability
12.1 General
Food-and-Ojas has taken all due care in selecting the service providers involved in your trip and has organized the trip in a professional manner.
12.2 Failure of services
Food-and-Ojas will reimburse the cancellation of agreed services or the additional costs incurred, as far as it was not possible for the Swiss, the local tour guide or the service provider to offer an equivalent substitute service on site and there is no fault on your part. Our liability is limited to a total of twice the travel price per person and includes only the direct damage.
12.3 Exclusions of Liability
Food-and-Ojas is not liable if the non-performance or improper performance of the contract is due to:
- Failure on your part- unforeseeable or unavoidable failure of a third party not involved in the provision of the contracted services.
- force majeure or an event that Food-and-Ojas or a service provider could not foresee or avert despite all due care. Food-and-Ojas is thus not liable for changes in the travel program due to strikes, riots, weather conditions, official measures, delays by third parties, etc.
- Program changes due to flight schedule changes
12.4 Local events
Food-and-Ojas is not liable for activities and excursions booked by the customer which are not included in the agreed itinerary.
12.5 Lost vacation time, lost enjoyment, etc.
Food-and-Ojas is not liable for lost vacation time, lost enjoyment, frustration damages, etc.
12.6 Liability insurance
Food-and-Ojas has adequate liability insurance.
13 Complaints
13.1 Complaints and Request for Remedy
If you have reason to complain during the trip, you must immediately notify the tour guide and our local representative. This is a mandatory prerequisite for a later attempt to assert claims for compensation and usually already enables a remedy on-site.
14 Obligations of the customer to cooperate
14.1 Personal requirements
Traveling to foreign countries requires that customers adapt to foreign customs and traditions. In addition, group travel is usually very intense. For these reasons, we must reserve the right to reject or exclude individual customers before or during the trip if there are serious concerns that negative effects on the group can arise, the group is disturbed or even endangered, or who are unwilling to adapt to the customs of the travel country.
We reserve the same right if the course of the program is disrupted. If someone is excluded before the trip, Food-and-Ojas will charge the cancellation costs mentioned in point 6. If someone is excluded during the trip, Food-and-Ojas will not make any refund.
Food-and-Ojas does not tolerate drug use or possession, excessive alcohol consumption or sexual harassment.
Women are advised to dress according to Indian customs.
15. Health Requirements
Certain health requirements are necessary for the India Tour. This tour is not suitable for physically or mentally disabled persons. If a client does not meet these requirements and still participates in the tour, Food-and-Ojas or the local management may exclude the client from the tour or certain activities. The costs incurred will be borne by the Customer and the price paid for the trip will not be refunded.
16. delayed return trip
Despite the best travel planning, it may happen that the return trip is delayed due to unforeseeable or unavoidable events. Therefore, you should not plan for any obligations for the return day and, in the case of travel to other continents, also for the following day, non-compliance with which could have serious consequences. Food-and-Ojas does not assume any liability for such events.
17. Reconfirmation of tickets
For our India Tour with German speaking tour guide (on request) and also for individual tours without tour guide the customer is responsible for the reconfirmation of the onward and return flight. Please refer to your travel documents for the necessary information. Missed reconfirmations can lead to the loss of the transport claim, any additional costs will be borne by the customer.
18. Applicable law, place of jurisdiction, the statute of limitations
These Terms and Conditions are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the company's registered office shall have jurisdiction. Food-and-Ojas is free to file a lawsuit at the defendant's domicile. All claims and claims for damages become time-barred after one year.