View of Saputara: a hill station surrounded by flowers, forests, and hills of Gujarat.

General terms and conditions

Article 1 – Definitions

Organizer: Heart of India Travel, registered with the Dutch Chamber of Commerce under number 90120175.
Traveler: Any person who wishes to enter into an agreement with the Organizer regarding a trip, and any person who has the right to travel under such an agreement.
Travel Service: The services included in the trip, such as passenger transport, car rental, accommodation, and excursions.
Travel Service Provider: The party providing a component of the trip, such as accommodation providers, transport companies, external guides, etc.
Agreement: The agreement concerning the booked trip, including these Terms and Conditions.
In Writing: In written form or by electronic means, including by e-mail.
Terms and Conditions: These general terms and conditions.
Package Travel: A package trip as defined by law.
Trip: A Package Travel arrangement or, if these Terms and Conditions are declared applicable, a single Travel Service.

Article 2 – Applicability of Terms and Conditions

2.1 Package Travel
These Terms and Conditions apply to all Package Travel arrangements offered or agreed upon by the Organizer.
2.2 Travel Services
These Terms may also apply to individual Travel Services that do not constitute a Package. In such cases, Title 7a of Book 7 of the Dutch Civil Code (concerning package travel agreements) does not apply. No insolvency protection is provided for these individual Travel Services, unless the offer explicitly states which party offers such coverage, and it is confirmed in the guarantee or insurance conditions.
2.3 Deviating and Additional Terms
Any deviating or additional terms must be agreed upon in Writing and shall prevail over these Terms and Conditions.

The booking

Article 3 – Formation of Agreement

3.1 Content of the Offer
The offered Trip includes only the services and facilities explicitly described in the Organizer’s quote and publications. Information from third-party Travel Service Providers is not part of the offer, even if referenced by link. The trip duration is indicated in full days, with both the day of departure and return counted as full days.
3.2 Non-binding Offer
The Organizer’s offer is non-binding and may be withdrawn up to 5:00 PM on the next working day following acceptance.
3.3 The Booking
The Agreement is concluded once the Traveler accepts the Organizer’s offer, subject to availability of the Trip.
3.4 Obvious Errors
Obvious errors in the offer are not binding for the Organizer. If there is any doubt, the Traveler is responsible for requesting clarification.
3.5 Preferences
Traveler preferences cannot be guaranteed unless the Organizer confirms in Writing that they will be met. A simple mention as a preference on travel documents or confirmation is insufficient.
3.6 Special Requirements
If the Traveler indicates medical or other serious needs as “required” when booking, the Organizer will assess whether they can be met. If not, the Agreement will not be concluded. Additional costs may apply for such requirements.
3.7 Booking Confirmation
After verifying availability, the Organizer will send a booking confirmation.
3.8 Cancellation by the Traveler
A booking is final. The Traveler has no right to withdraw from the Agreement.
3.9 Minors
The person making the booking must be of legal age.
3.10 Booking on Behalf of Others & Communication
The person booking for others is jointly liable for all obligations arising from the Agreement. Each Traveler remains individually liable. All communication (including invoices, confirmations, travel documents) will be sent to the booking Traveler only. That person is responsible for providing relevant information about other Travelers and for forwarding all terms and communications. The Organizer is indemnified for any damages caused by failure to meet these obligations.

Article 4 – Information provided by the organizer

4.1 Travel Price
Listed prices are per person, unless explicitly stated otherwise.
4.2 Information Provided by the Organizer at the Time of Booking
At the time of booking or immediately thereafter, the Organizer provides the Traveler with the Agreement, including accepted preferences, and information tailored to Dutch nationals regarding required travel documents (passports, visas, etc.) and any health-related formalities.
4.3 Travel Documents
The Traveler must possess all necessary travel documents during the trip, such as a passport, visas, vaccination certificates, etc. Due to the importance of these documents, the Traveler is responsible for verifying the completeness and accuracy of the information with official authorities. The Traveler must ensure there is sufficient time to obtain the required documents before booking the Trip. If the Traveler cannot take part in the Trip due to missing documents, all resulting costs are the Traveler’s responsibility.
4.4 Travel Documents Delivery
Travel documents will be sent to the Traveler no later than 7 days before departure, unless payment has not been completed. If the Traveler has not received the documents at least 5 days before departure, they must immediately inform the Organizer.
4.5 Insurance Information
The Organizer will inform the Traveler about the option to purchase cancellation and travel insurance. The Organizer may make such insurance mandatory if this was communicated prior to the booking.

Article 5 – Information provided by the traveler

5.1 Relevant Information from Traveler(s)
Before booking, the booking Traveler must provide all relevant information regarding all Travelers. This includes any information that may impact the health or safety of the Traveler or others. If incorrect or incomplete information is provided, the Traveler may be excluded from participation. In such case, cancellation fees as outlined in Article 9(2) will apply. Additional costs are also the responsibility of the Traveler.
5.2 Reduced Mobility, Pregnancy, and Illness
Travelers with reduced mobility and their companions, pregnant women, and those with illnesses that may impact the Trip must notify the Organizer at the time of booking or as soon as possible thereafter. This is particularly important for air travel arrangements. These Travelers are responsible for checking with the carrier whether a medical certificate is required for travel.

Before the trip

Article 6 – Payment

6.1 Deposit
After the Agreement has been concluded, 25% of the total travel sum must be paid within 14 days of receiving the deposit invoice. If airline tickets are included, the full amount for the tickets plus 25% of the remaining travel sum must be paid as a deposit.
6.2 Remaining Balance
The remaining balance must be paid no later than 8 weeks before the start date of the trip. If the Agreement is concluded within 1 month of the departure date, the full travel sum must be paid immediately and, in any case, before the start of the trip. In all cases, full payment must be received before departure.
6.3 Default and Interest
If the Traveler fails to pay within the agreed term, they are in default without the need for a formal notice. Statutory interest is due on the outstanding amount.
6.4 Collection Costs
The Traveler must pay extrajudicial collection costs if they fail to pay within the final payment term set by written notice. The collection fees are: 15% of the amount up to €2,500, 10% on the next €2,500, 5% on the following €5,000, and 1% on any amount above that.
6.5 Further Consequences of Non-Payment
As long as the Traveler has not paid, the Organizer may withhold travel documents. If payment is still not made after a reminder or if payment is not received before departure, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of exclusion, the Organizer may cancel the Agreement and charge the cancellation fees as specified in [Article 9 paragraph 2].

Article 7 – Substitution

6.1 Deposit
After the Agreement has been concluded, 25% of the total travel sum must be paid within 14 days of receiving the deposit invoice. If airline tickets are included, the full amount for the tickets plus 25% of the remaining travel sum must be paid as a deposit.
6.2 Remaining Balance
The remaining balance must be paid no later than 8 weeks before the start date of the trip. If the Agreement is concluded within 1 month of the departure date, the full travel sum must be paid immediately and, in any case, before the start of the trip. In all cases, full payment must be received before departure.
6.3 Default and Interest
If the Traveler fails to pay within the agreed term, they are in default without the need for a formal notice. Statutory interest is due on the outstanding amount.
6.4 Collection Costs
The Traveler must pay extrajudicial collection costs if they fail to pay within the final payment term set by written notice. The collection fees are: 15% of the amount up to €2,500, 10% on the next €2,500, 5% on the following €5,000, and 1% on any amount above that.
6.5 Further Consequences of Non-Payment
As long as the Traveler has not paid, the Organizer may withhold travel documents. If payment is still not made after a reminder or if payment is not received before departure, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of exclusion, the Organizer may cancel the Agreement and charge the cancellation fees as specified in [Article 9 paragraph 2].

Article 8 – Changes by the traveler

8.1 Change
The Traveler who has booked the Trip may request the Organizer to change the Agreement. The Organizer is not obliged to comply. The Organizer will inform the Traveler of the new travel price. If the Traveler agrees to the change and the related costs, the new travel price and modification fees will become due. If the new price is lower than the original, the difference will be deducted from the modification fees owed.
8.2 Change of departure date
Unless the Organizer explicitly states this is a rebooking, a change in departure date constitutes cancellation of the existing Agreement and the conclusion of a new one. The cancellation terms of Article 9 (cancellation fees) apply to the cancelled Agreement.

Article 9 – Cancellation by the traveler

9.1 Cancellation
The Traveler may cancel the booking before the start of the Trip. Cancellation must be made in Writing. The date on which the Organizer receives the cancellation counts as the cancellation date. If received after 5:00 p.m. or outside Business Days, the next Business Day will count as the date of receipt.
9.2 Cancellation fees
If a flight is included in the trip, the following amounts are due upon cancellation:
Up to and including 56 days before departure: the cancellation fees of the flight + 30% of the remaining travel sum
From 55 up to and including 22 days before departure: the cancellation fees of the flight + 50% of the remaining travel sum
From 21 up to and including 7 days before departure: the cancellation fees of the flight + 75% of the remaining travel sum
From 6 days before departure: 100% of the total travel sum

If no flight is included, the following cancellation fees apply:
Up to and including 56 days before departure: 30% of the total travel sum
From 55 up to and including 22 days before departure: 50% of the travel sum
From 21 up to and including 7 days before departure: 75% of the travel sum
9.3 Reduction in number of travelers
If the number of Travelers in a booking is reduced, the Organizer may charge either:
the standard cancellation costs mentioned in paragraph 2 of this article, or;
the full travel sum of the cancelled traveler minus any savings due to the cancellation.
9.4 Cancellation fees for a rebooked trip
If the trip is rebooked to a later date and is later cancelled by the Traveler, the cancellation fee will be at least the amount that would have been due had the trip been cancelled on the rebooking date.
(Example: The trip was rebooked 14 days before the original start date to 1 year later. Six months before the new departure date, the traveler cancels. Normally, cancellation at that time would incur a 20% fee, but if cancelled on the rebooking date, the fee would have been 75%. In that case, the cancellation fee is 75%).
9.5 Travel credits issued as goodwill
If a trip is cancelled by the Traveler and the Organizer offers a travel credit as a gesture of goodwill, the following applies (unless communicated otherwise by the Organizer):
the credit must be used within one year of issuance;
the new trip must commence within two years of issuance;
the credit is non-transferable and linked to the Traveler;
it may only be used for the same trip at a later date;
if the new trip is more expensive, the price difference will be charged to the Traveler;
if the Traveler cancels the rebooked trip, the credit expires.

Article 10 – Price Changes

10.1 Price Changes
The Organizer may increase the travel sum up to 20 days before the start of the Trip due to price changes in:
– the cost of fuel or other energy sources, or;
– taxes or fees levied by third parties not directly involved in the execution of the Trip.
The Organizer may include in the Agreement that the travel sum may be increased up to 20 days before the Trip due to exchange rate fluctuations. The Agreement must specify the method of recalculating the price based on exchange rates.
10.2 Termination by the Traveler
If the price increase exceeds 8% of the travel sum, the Traveler may terminate the Agreement and will receive a full refund of the paid amount.
10.3 Price Reduction
If the right to price increases is agreed upon, the Traveler has an equivalent right to price reductions. An administrative fee of €30 will be deducted from the amount owed to the Traveler.

Article 11 – Changes by the Organizer

11.1 Minor Changes
The Organizer may make minor changes to the Trip before its commencement. The Traveler will be informed accordingly.
11.2 Significant Changes
If necessary, the Organizer may significantly alter the main characteristics of the Trip before departure, including offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without paying cancellation fees. In case of termination, the paid travel sum will be refunded.
The Organizer may set a reasonable deadline for the Traveler to indicate their decision. If the Agreement is not terminated within the set period, the change is considered accepted, and the right to termination expires.

Article 12 – Cancellation by the Organizer

12.1 Cancellation Due to Minimum Numbers
The Organizer may cancel the Agreement prior to the Trip if the number of bookings is less than the minimum specified in the Agreement, provided the Traveler is informed:
– 20 days before the Trip for trips of 6 days or more.
– 7 days before the Trip for trips of 2 to 6 days.
– 48 hours before the Trip for trips of less than 2 days.
12.2 Cancellation Due to Force Majeure
The Organizer may cancel the Agreement prior to the Trip if the Organizer is unable to fulfill the contract due to unavoidable and extraordinary circumstances.
12.3 Refund – No Compensation
In the above cases, any amounts already paid will be refunded within 14 days. No compensation is owed.
Costs incurred by the Traveler for services outside the Agreement, such as vaccinations, visas, equipment, insurance, flights, accommodation, etc., are not reimbursed.
12.4 Cancellation Due to Traveler’s Actions
If the Traveler does not meet pre-set participation requirements or provides incorrect or incomplete information, the Organizer may cancel the Agreement. The Traveler will then owe cancellation fees as set out in [Article 9, paragraph 2].

Execution of the trip

Article 13 – Responsibility

13.1 Proper Execution of the Trip
The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether they are carried out by the Organizer or by another Travel Service Provider. The Organizer must execute the Agreement in accordance with the expectations that the Traveler may reasonably have based on the publications, the Agreement, and the conditions at the destination.
13.2 Changes to Itinerary and Travel Times
The Organizer will inform the Traveler about any changes to the itinerary. If the Organizer does not know the Traveler’s accommodation address, information will only be provided via the email address or mobile phone number on file.
13.3 Duty to Report by the Traveler
The Traveler must immediately inform the Travel Service Provider and the Organizer, in accordance with Article 17 [complaints], of any shortcomings or issues in the execution of the Travel Services.
13.4 Remedy by the Organizer
The Organizer must rectify shortcomings. A shortcoming does not need to be remedied if it is impossible or would involve disproportionately high costs.
13.5 Compensation
If the shortcoming cannot be resolved, the Organizer (or the Travel Service Provider) will consult with the Traveler and may offer suitable compensation or an alternative. The Traveler is not entitled to compensation or an alternative if the shortcoming is attributable to the Traveler.

Article 14 – Assistance and support

14.1 Mandatory Assistance
The Organizer provides the Traveler with assistance if the Traveler is in difficulty, particularly by providing useful information about medical services, local authorities, consular support, and by assisting with remote communication and alternative travel arrangements.
14.2 Costs
The Organizer may charge a reasonable fee for assistance if the difficulties are caused intentionally or through negligence by the Traveler.

14.1 Mandatory Assistance
The Organizer provides the Traveler with assistance if the Traveler is in difficulty, particularly by providing useful information about medical services, local authorities, consular support, and by assisting with remote communication and alternative travel arrangements.
14.2 Costs
The Organizer may charge a reasonable fee for assistance if the difficulties are caused intentionally or through negligence by the Traveler.

Article 15 – Attribution, force majeure, and exclusions of liability

15.1 Attribution & Force Majeure
The Traveler is not entitled to compensation for damages resulting from a shortcoming caused by:
a. the Traveler;
b. third parties not directly involved in the execution of the Agreement and whose shortcomings could not have been foreseen or avoided;
c. unavoidable and extraordinary circumstances.
15.2 Limitation of Liability
The Organizer’s liability for damages is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or is caused by intentional or negligent conduct by the Organizer.
15.3 Liability under Treaties or EU Regulations
If the Organizer is liable for damages, including death or personal injury, this liability shall be limited or excluded in accordance with applicable international treaties and/or EU regulations relevant to the individual Travel Services.
15.4 Insured Damages
The Organizer is not liable for damages that are covered by insurance, such as health, travel, event, or cancellation insurance.
15.5 Statute of Limitations
Any claim by the Traveler for damages and other claims expire two years after the Trip took place. If the Trip did not take place, the limitation period begins two years after the scheduled start date.
15.6 Expiry of Rights
Without prejudice to the statute of limitations and the obligation to complain in a timely manner, any right to compensation lapses three years after the start date of the Trip.
15.7 No Double Compensation
The Traveler is not entitled to double compensation. If compensation is due under international treaties or EU regulations, the Traveler is not also entitled to compensation under this Agreement.

Obligation of the traveller

Article 16 – Obligations of the Traveller

16.1 Conduct and compliance with instructions
The Traveller must behave as a reasonably acting traveller and is obliged to follow all instructions from the Organizer and the Service Providers.
16.2 Consequences of non-compliance – exclusion from participation
If the Traveller fails to comply with instructions or causes nuisance, the Organizer/Service Provider may partially or completely deny the Traveller further participation in the Trip. The Traveller is not entitled to a refund. Any resulting additional costs are at the Traveller’s expense.
16.3 Warning
Before the Traveller is excluded from participation, they will receive an oral or written warning. A warning is not required if the situation makes it inappropriate.
16.4 Liability of the Traveller and indemnity
The Traveller is liable for damage caused by their conduct, failure to comply with this article, or damage otherwise attributable to them. The Traveller indemnifies the Organizer against claims from Service Providers, other Travellers, or third parties for damages caused by or attributable to the Traveller.
16.5 Verification of return travel time
The Traveller must verify the exact departure time no later than 24 hours before the scheduled start of the return trip.
16.6 Formal health requirements
The Traveller must comply with all health requirements in the destination and transit countries. These requirements may change without notice. The consequences of such changes are at the Traveller’s own risk.
16.7 Measures by Service Providers
Service Providers may take all reasonable measures and require cooperation from Travellers, for example, to prevent and combat emergencies, reduce health risks, prevent damage, or comply with government regulations. Non-compliance may result in denied service or access.
16.8 Use of materials
The Traveller must use provided materials with care. Upon receipt, the Traveller must inspect and report any defects immediately. The Traveller is liable for damage, loss, or theft of the provided materials.

Other provisions

Article 17 – Complaints

17.1 Information
Before departure, the Organizer will provide emergency contact details.
17.2 Reporting on site
If the Traveller believes that the Trip is not being properly executed, they must report the issue immediately to the involved Service Provider so a solution can be offered. If a tour leader from the Organizer is present, the complaint must also be reported to them. If not, the complaint must be reported directly to the Organizer via WhatsApp, SMS, phone, or by email during Dutch office hours (9 AM – 5 PM).
17.3 Communication costs
Travellers must keep communication costs low by using internet calling, WhatsApp, or email.
17.4 Unresolved complaints upon return
Complaints not resolved during the Trip must be submitted in writing, with reasons, within two months of the Trip’s end.
17.5 Consequences of not or late reporting a complaint
Failure to report as described above may affect the amount of compensation, unless the Organizer’s interests were not harmed. Complaints submitted late after return will not be processed unless deemed reasonable in the circumstances.

Article 18 – Other provisions

18.1 Third-party rights
Subordinates, auxiliary persons and other third parties involved in the execution of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) against the Traveller.
18.2 Replacement clauses
If mandatory law invalidates any provision of these Terms, or if a provision is annulled, that provision shall be deemed replaced by a valid clause that most closely approximates the original intent in terms of content and purpose.
18.3 Applicable law
Only Dutch law applies to the offer, the Agreement and its execution, unless this would conflict with mandatory provisions.
If the consumer resides outside the Netherlands at the time of booking, the following applies: despite the choice of law, the consumer retains the protection of the mandatory consumer rights in the country of residence if (cumulatively):
– the Organiser directed its commercial activities at that country, and;
– the agreed travel services are wholly or partly performed there.
18.4 Competent court
The court in the jurisdiction of the Organiser’s registered office has exclusive competence over disputes regarding the Agreement and related matters, unless this conflicts with mandatory law. The Organiser may also choose to sue the Traveller in their place of residence.

Article 19 —Basic rights under directive (EU) 2015/2302

Financial protection: VZR Garant

In order to meet its statutory obligation to provide a guarantee, Heart of India Travel makes use of the guarantee scheme provided by VZR Garant (www.vzr-garant.nl/en). You can check that this is the case by visiting VZR Garant’s website and verifying that the organisation is listed as a participant. VZRGarant’s guarantee applies within the limits of its Guarantee Scheme (which can be found on VZR Garant’s website). The Guarantee Scheme specifies the exact (travel) offering to which VZR Garant’s guarantee applies and what the guarantee entails.

If services are not provided due to the financial insolvency of Heart of India Travel, you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to info@vzr-garant.nl or calling +31 (0)85 1307 630.