General terms and conditions
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the following meanings:
- Organizer: Heart of India Travel, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 90120175.
- Traveler: any person who enters into an agreement regarding a Trip with the Organizer or has the right to travel on the basis of the agreement.
- Travel Service: a service that forms part of the Trip, such as accommodation, passenger transport, car rental, excursions, guided tours, activities, or other tourist services.
- Travel Service Provider: the party actually executing a Travel Service, such as a hotel, carrier, driver, local guide, or activity organizer.
- Agreement: the agreement between the Organizer and the Traveler regarding the booked Trip, including the quotation, booking confirmation, and these general terms and conditions.
- In Writing: written or electronic, including by email or WhatsApp, provided that communication can be durably recorded.
- Package Travel: a package travel within the meaning of the applicable Dutch legislation.
- Trip: a Package Travel or, if explicitly agreed, an individual Travel Service.
- Working Day: Monday to Friday, with the exception of official Dutch public holidays.
The booking
Article 2 – Applicability
- 2.1 Package Travel
These general terms and conditions apply to all Package Travels offered and agreed upon by Heart of India Travel. For Package Travels, mandatory legal provisions from Title 7A of Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) also apply. If a provision in these general terms and conditions conflicts with mandatory law, mandatory law shall prevail. - 2.2 Individual Travel Services
These general terms and conditions may also be declared applicable to individual Travel Services that do not constitute a Package Travel. For such services, statutory package travel rules do not apply unless explicitly agreed otherwise. If another service provider is responsible for an individual Travel Service, that service provider’s terms and conditions may additionally apply. - 2.3 Deviating Agreements
Additional or deviating agreements are only valid if agreed upon in Writing with the Traveler.
Article 3 – Formation of the Agreement
- 3.1 The Offer
Heart of India Travel’s offer specifies which Travel Services form part of the Trip. Only services and facilities explicitly included in the quotation, travel itinerary, or booking confirmation form part of the Agreement. - 3.2 Obvious Errors
Obvious errors or mistakes in prices, descriptions, dates, or other parts of the offer do not bind Heart of India Travel. If it should reasonably be clear to the Traveler that an error has occurred, no rights can be derived from it. - 3.3 Formation
The Agreement is formed as soon as the Traveler accepts Heart of India Travel’s offer and the required Travel Services are available. Heart of India Travel confirms the booking in Writing. - 3.4 Definitive Booking
A booking is definitive after formation of the Agreement. There is no statutory cooling-off period for Package Travel. - 3.5 Preferences
Preferences specified by the Traveler only form part of the Agreement if Heart of India Travel has confirmed them in Writing. A preference may, for instance, relate to a specific room, room location, table, driver, or other specific facility. A preference does not constitute a guarantee unless explicitly confirmed. - 3.6 Special Requirements
If the Traveler has special requirements that are of essential importance to participate in the Trip, the Traveler must communicate these to Heart of India Travel before concluding the Agreement. Heart of India Travel assesses whether these can reasonably be met. If an essential requirement cannot be met, Heart of India Travel may decide not to enter into the Agreement. - 3.7 Booking for Other Travelers
The person making the booking for multiple Travelers is responsible for providing relevant information to the other Travelers and for passing on the terms and booking information. Each Traveler is responsible for his or her own obligations under the Agreement.
Information
Article 4 – Information by Heart of India Travel
- 4.1 Travel Sum
The travel sum stated in the quotation includes the Travel Services, taxes, and surcharges described therein. Any costs not included in the travel sum will be clearly stated in advance. - 4.2 Travel Agreement and Information
Prior to or upon concluding the Agreement, the Traveler receives the information relevant to the Trip, including agreed Travel Services, travel sum, payment terms, and important travel conditions. For Package Travel, legally required information is provided. - 4.3 Travel Documents
The Traveler is personally responsible for possessing valid travel documents, including a valid passport and, if required, a visa. The Traveler must personally verify with competent government authorities which travel, visa, and health formalities apply at the time of departure. If the Traveler cannot perform the Trip (or cannot perform it fully) because they do not possess the required documents, any resulting costs are in principle for their account. - 4.4 Travel Papers / Vouchers
Heart of India Travel provides available travel documents in a timely manner prior to departure, provided full payment for the Trip has been received. If the Traveler has not received the travel documents in time, they must notify Heart of India Travel as soon as possible. - 4.5 Insurance
Heart of India Travel strongly advises the Traveler to take out suitable travel and cancellation insurance. Cancellation insurance may be important, among other things, if the Traveler cannot travel due to personal circumstances such as illness.
Article 5 – Obligations of the Traveler
- 5.1 Accurate Information
Prior to concluding the Agreement, the Traveler shall provide all information that may reasonably be relevant to the execution of the Trip. Incorrect or incomplete information may affect the execution of the Trip and may, if necessary, result in exclusion from participation. Any resulting costs may be charged to the Traveler. - 5.2 Health, Mobility, and Special Circumstances
The Traveler must promptly report circumstances that could affect the Trip to Heart of India Travel. This applies, among other things, to reduced mobility, pregnancy, medical conditions, or other circumstances requiring special arrangements during the Trip. Heart of India Travel will assess, within reasonable limits, whether such needs can be accommodated.
Payment
Article 6 – Payment
- 6.1 Down Payment
Upon formation of the Agreement, the Traveler must pay a down payment of 25% of the total travel sum, unless another amount has been agreed upon in Writing in the quotation or booking confirmation. The down payment must be paid within the payment term stated on the invoice. For certain non-refundable Travel Services, Heart of India Travel may require these costs to be paid earlier or in full. This will be clearly communicated to the Traveler prior to booking. - 6.2 Remaining Payment
The remaining amount of 75% of the total travel sum must be paid in full no later than 8 weeks prior to the start of the Trip. If the booking is made within 8 weeks prior to departure, the full travel sum must be paid within the payment term stated on the invoice and in any case received in full prior to the start of the Trip. - 6.3 Late Payment
If the Traveler fails to pay on time, they are in default after the expiration of the payment term. Heart of India Travel may grant the Traveler a reasonable period to still make payment. If payment is still not received, Heart of India Travel may terminate the Agreement. The consequences of cancellation due to non-payment will be determined in accordance with applicable cancellation terms. - 6.4 Collection Costs
If the Traveler fails to pay within the period specified in a written reminder, extrajudicial collection costs may be charged to the extent permitted by law.
Substitution and changes
Article 7 – Substitution
The Traveler may, under statutory conditions, request to transfer the Trip to another person prior to departure. The person taking over the Trip must meet all conditions of the Trip. Heart of India Travel may charge the actual costs resulting from the transfer to the Traveler, to the extent permitted by law. The original Traveler and the person taking over the Trip are jointly and severally liable for payment of the remaining travel sum owed and the justified costs of transfer.
Article 8 – Changes by the Traveler
- 8.1 Change Request
A request by the Traveler to change the Trip can only be carried out if practically and contractually possible. Heart of India Travel will inform the Traveler in advance of any additional costs. - 8.2 Change of Departure Date
A change of departure date may be regarded as a cancellation of the original Trip and the conclusion of a new Agreement. In that case, the cancellation conditions of Article 9 apply to the original Trip. If Heart of India Travel treats the modification as a rebooking, its conditions will be confirmed in Writing in advance.
Cancellation
Article 9 – Cancellation by the Traveler
- 9.1 Cancellation
The Traveler may terminate the Agreement prior to the start of the Trip. Cancellation must be done in Writing. The date on which Heart of India Travel receives the cancellation shall apply as the cancellation date. Cancellations received after 5:00 PM (17:00 CET) or outside a Working Day are deemed received on the next Working Day. - 9.2 Cancellation
Costs In the event of cancellation by the Traveler, the following standardized cancellation fees apply:
These percentages are based on expected costs incurred by Heart of India Travel and the extent to which these costs can still be saved or the relevant Travel Services can be resold upon later cancellation. For certain individual Travel Services, deviating cancellation conditions may apply if clearly communicated to the Traveler prior to or upon concluding the Agreement.
| Time of Cancellation Before Departure | Cancellation Fee |
|---|---|
| More than 60 days before departure | 30% of the travel sum |
| 60 down to 46 days before departure | 75% of the travel sum |
| 45 days or fewer before departure | 100% of the travel sum |
- 9.3 Non-refundable
Travel Services If demonstrably stricter, non-refundable conditions apply to a specific component of the Trip — such as accommodation, transport, activity, or event — by the relevant Travel Service Provider, Heart of India Travel may communicate these conditions to the Traveler prior to booking. If the Traveler agrees, these specific terms may form part of the Agreement. - 9.4 Reduction in Number of Travelers
If within one booking the number of Travelers is reduced, this is regarded as a partial cancellation. Cancellation costs are calculated on the portion of the Trip cancelled by the reduction, taking into account possible cost savings and applicable cancellation conditions. Any change in price per person resulting from the withdrawal of a participant will be communicated in advance to remaining Traveler(s). - 9.5 Special Statutory Termination Rights
Standardized cancellation costs do not apply if the Traveler is entitled under mandatory law to terminate the Package Travel without paying a termination fee. This applies, among other things, when unavoidable and extraordinary circumstances occur at the destination or its immediate vicinity that significantly affect performance of the Package Travel or transport to destination. - 9.6 Cancellation After Rebooking
When Heart of India Travel and the Traveler have rebooked a Trip to a later date, original cancellation costs may continue to apply to a subsequent cancellation if agreed in Writing in advance. Traveler will be informed at time of rebooking. - 9.7 Goodwill and Travel Credit
When Heart of India Travel grants travel credit out of goodwill, terms will be communicated in Writing to Traveler. Travel credit does not arise automatically through cancellation.
Price and adjustment
Article 11 – Modification by Heart of India Travel
- 10.1 Price Increase
After formation of a Package Travel, Heart of India Travel may only increase travel sum if and to extent legally permitted and possibility of price change is part of Agreement. A price change may relate to changes in transport costs, fuel/energy prices, taxes, duties, or permitted exchange rate fluctuations. Calculation method will be clearly stated in advance. - 10.2 Price Increase Exceeding 8%
If a statutory price increase leads to an increase of more than 8% of total travel sum, Traveler has statutory rights to accept proposed price change or terminate Agreement. - 10.3 Price Reduction
If right to price reduction exists by law, price of Package Travel will be adjusted per statutory rules. Administrative costs may only be deducted if/to extent actually incurred and legally permitted.
Modification or cancellation by Heart Of India Travel
Article 11 – Changes by the Organizer
- 11.1 Minor Changes Heart of India Travel may make minor changes before start of Trip if necessary. Traveler will be informed as soon as possible.
- 11.2 Significant Changes If Heart of India Travel must significantly alter an essential component of Package Travel before departure, Traveler will be informed per statutory rules. Traveler may accept change or terminate Agreement without fee where law provides. Refund will occur within statutory period.
Article 12 – Cancellation by the Organizer
- 12.1 Minimum Number of Participants
If minimum number of participants is set for group travel, this will be communicated before/upon Agreement. Heart of India Travel may cancel if minimum is not met, provided within legally allowed timeframe. - 12.2 Unavoidable and Extraordinary Circumstances
Heart of India Travel may terminate Agreement before departure if Trip cannot be performed due to unavoidable and extraordinary circumstances. - 12.3 Refund
When Heart of India Travel terminates Package Travel per law and Traveler is entitled to refund, applicable legal timeframes apply. Costs for services booked independently by Traveler outside Agreement (separate flights, visas, insurance, accommodation) are not eligible for refund by Heart of India Travel.
Performance of the trip
Article 13 – Responsibility for Performance
- 13.1 Proper Performance
As organizer of Package Travel, Heart of India Travel is responsible for performance of agreed Travel Services, even when performed by other Travel Service Providers. Heart of India Travel will endeavor to perform Trip per Agreement. - 13.2 Changes During the Trip
If changes become necessary during Trip, Heart of India Travel will inform Traveler as soon as possible and offer suitable alternatives where legally required. - 13.3 Lack of Conformity / Defect During Trip
Traveler must report any lack of conformity as soon as possible to relevant Travel Service Provider and/or Heart of India Travel to enable solution during Trip. - 13.4 Remedy
Heart of India Travel will ensure remedy of lack of conformity where reasonably possible and legally required. If remedy is impossible or entails disproportionate costs, legal rules regarding alternatives, price reduction, and compensation apply.
Article 14 – Assistance and Support
- 4.1 Assistance
When Traveler is in difficulty during Package Travel, Heart of India Travel will provide legally required assistance and support (medical info, local authorities, consular assistance, communications). - 14.2 Costs
If difficulty is caused intentionally or by Traveler’s negligence, Heart of India Travel may charge reasonable fee for assistance to extent permitted by law.
Liability
Article 15 – Liability
- 15.1 Legal Responsibility
Heart of India Travel is responsible for proper performance of Travel Services forming part of Package Travel per statutory rules. - 15.2 Circumstances Attributable to Traveler
Heart of India Travel is not liable for damage/defects resulting from acts or omissions of Traveler. - 15.3 Third Parties and Extraordinary Circumstances
To extent permitted by law, no right to compensation exists if defect results from a third party not involved in performance which could not be foreseen/prevented, or from unavoidable and extraordinary circumstances. - 15.4 Legal Limitations of Liability
To extent law permits limitation of liability, Heart of India Travel’s liability is limited in accordance with applicable statutory provisions and international conventions. No limitation applies where legally prohibited, including death or personal injury caused by acts/omissions for which Heart of India Travel is liable. - 15.5 Insurance
Traveler is advised to take out suitable travel and cancellation insurance. Rights to insurance payout leave Traveler’s statutory rights against Heart of India Travel unaffected. - 15.6 Limitation Period
Statutory limitation periods apply. Shorter limitation/expiry periods will not apply if contrary to mandatory law.
Obligation of the traveller
Article 16 – Conduct and Obligations
- 16.1 Conduct
Traveler must act reasonably and follow reasonable instructions of Heart of India Travel and Travel Service Providers. - 16.2 Nuisance
If Traveler causes severe nuisance or jeopardizes safety/wellbeing of others, reasonable measures may be taken, including exclusion from further participation. No refund for unused portions if attributable to Traveler, and additional costs may be charged. - 16.3 Damage Caused by Traveler
Traveler is liable for damage caused by their acts/omissions to Heart of India Travel, Travel Service Provider, or third party, to extent attributable to Traveler. - 16.4 Health and Government Regulations
Traveler is responsible for complying with legal and health regulations applicable at destination.
Complaint
Article 17 – Complaints Procedure
- 17.1 Contact Details
Heart of India Travel provides contact details for questions/emergencies before departure. - 17.2 Complaint During Trip
Traveler must report any defect during Trip as soon as possible to Travel Service Provider and/or Heart of India Travel. - 17.3 Communication
Traveler should use available communication channels (WhatsApp, email, phone) where reasonably possible. - 17.4 Complaint After Return
If complaint is not resolved satisfactorily during Trip, Traveler may submit it in Writing to Heart of India Travel after return. Processed within statutory timeframes. - 17.5 Handling
Heart of India Travel acknowledges receipt and aims to respond substantively within 4 weeks. If more time is needed for investigation, Traveler will be informed.
Miscellaneous provisions
Article 18 – Miscellaneous Provisions
- 18.1 Rights of Third Parties
Persons and companies engaged by Heart of India Travel may rely on provisions regarding rights/liability to extent permitted by law. - 18.2 Invalid Provisions
If a provision is invalid/non-binding, remaining provisions remain in force, replaced by a valid provision approximating original intent. - 18.3 Applicable Law
Dutch law applies, provided not in conflict with mandatory law. Mandatory consumer protection rules of Traveler’s country of residence remain unaffected under international private law. - 18.4 Disputes
Submitted to competent court per legal rules. Consumer rights to submit disputes to home court are not limited.
Article 19 – Insolvency Protection
Heart of India Travel is affiliated with VZR Garant. Within terms and limits of VZR Garant guarantee scheme, financial protection applies to guaranteed travel offers. If Heart of India Travel cannot fulfill obligations due to financial insolvency, Traveler can invoke VZR Garant guarantee. Current terms, scope, and contact details are available on VZR Garant website.