TERMS AND CONDITIONS

Bay's Pearl strive to provide its guests an organised, safe, friendly and memorable experience in the Islands. This Guest Policy has been designed to adapt best industry practices, effective management techniques, and standard operational procedures followed by reputed travel and tour organisers around the world. This Policy aims to promote safety and enriched experience for its guests and ensure effective delivery of top notch services by the Firm.

This Policy is a part of the Tour Booking Agreement with its guests. By virtue of completing the bookings with the Firm (either directly or indirectly), the guests hereby give consent and agree to abide by the terms and conditions laid down in this Policy.

1. 1 Upon receiving a query from potential guests, the firm shall discuss the proposed itinerary with the guest and issue a quotation stating the Package Cost. Subsequently, the guests are required to initiate the booking process by following these steps –

STEP 1 -  Pay 50% to 70% of package cost as advised during discussion and share the transaction details to confirm your booking with Bay's Pearl.

 Bank Account details:

 Name: Bays Pearl Tours & Travels

 Current A/C no.: 42566344843

 Branch: SBI Junglighat, Port Blair

 IFSC: SBIN0012356

 * Payments made to any other bank account(s) shall not be considered for confirming bookings.

STEP 2 -  Share a copy of the government authorized Photo ID proof of all the travellers with address mentioned therein, such as: AADHAR Card/ Voter ID/ Driving License/ Passport, etc. These documents are mandatory for securing Ferry booking, Forest

Permits, etc.

STEP 3 - Share the inward and outward flight details with us to finalise and confirm your itinerary. This helps us to make all the necessary arrangements for you in the Islands and avoid any

inconvenience or fraudulent activities.

STEP 4 -  Share the full name, age and gender of each traveller.

1.2 The guests are required to transfer the remaining 50% of the package cost to the Firm before two (2) days of their arrival; or, pay the balance amount in cash on the date of their arrival in Andaman before the commencement of services by the Firm.

1.3 All communications regarding the booking shall be made by the guest only to the contact details provided at the time of booking.

All bookings are confirmed only after the Firm has received the entire Package cost quoted by the Firm. The Firm accepts all forms of electronic bank transfers and cash in Indian Rupees upto Rs. 2,00,000 (Rupees Two Lakhs).

Note: 1) Cheques are not an accepted mode of payment for bookings.

Payments made to any other bank account(s) shall not be considered for confirming Bookings.

Cash transactions are accepted in Indian Rupees up to Rs. 2,00,000 (Rupees Two Lakhs) per reservation, upon producing the original PAN Card of the cash payer.

In the event that any guest cancels the booking or is unable travel on the due date for any reason not attributable to the Firm anytime after making the advance payment, the following charges shall apply –

Time Frame (days before arrival)" and Amount Deductible

10 days or less 100% of the amount is deducted. No refund.

11 to 20 days 50% of the total package cost is deducted.

21 to 30 days 25% of the total package cost is deducted.

Above 30 days "Entire amount is refundable, after deducting cancellation charges.

3.3.1   Cancellation charge of Rs. 2,500 per person is applicable for all cancellations made any time after the advance is paid.

3.3.2   No Reschedule of the tour is allowed any after the Payment is made.

3.3.3   For guests staying at SeaShell, Coral Reef, Barefoot, Munjoh, and Taj, rescheduling is available only as per the policy of the Hotel or Resort.

3.3.4   Booking made for Seashell/Coral cove/Barefoot/Munjoh/Taj -100% cancellation charges is applicable anytime after the advance is paid.

3.3.5   100% Cancellation is applicable if the travel date falls between 15 Dec to 15 Jan - High Peak Season.

3.2.1   No Refund for the Flights/Tour/Hotels/Ferries and 100% amount is deductible if the flight gets cancelled, delayed, or rescheduled.

3.2.2   No refund and 100% amount is deductible for cancellation of the flight tickets at any time after the booking is made.

3.2.3   No refund for the Flights/Tour/Hotels/Ferries due to delay, cancellation, or rescheduling of the flight timings. However if the guest arrives in Andaman at his own cost, the trip will be arranged as per the itinerary agreed upon. However, no refund shall be made for the day(s) missed.

3.2.4   100% Cancellation is applicable if the travel date falls between 15 Dec to 15 Jan - High Peak Season.

4.1 The Firm does not own or manage all the hotels, cruise and vehicles provided in the package. The guests are required to abide by the terms and conditions prescribed by the hotels, cruise and vehicles at all times.

4.2 As a security measure at hotels, jettys, etc., the guests will be required to produce original photo identity bearing the complete address, issued by the government issued for each guest.

4.3 The guests shall maintain punctuality and abide by the reporting time of the taxi or cruise. The Firm shall not be responsible for any modification in the itinerary on the account of the delay on part of the guest.

Despite having a confirmed booking, the Firm reserves all rights to refuse services to any guest under the following circumstances –

5.1 Guest who misbehaves/manhandles/harasses and/or are causes nuisance to other guests.

5.2 Guests who are suspected to be infected by a contagious disease, unless a medical record to the contrary is produced.

5.3 Guests with criminal antecedents and those evading authorities.

5.4 Any guest, continuously violating the Firm's Policy and/or engages in any unlawful activities.

5.5 Any guest, who misbehaves with staff of the Firm/hotel/cruise/vehicle.

5.6 Any guest refused service on any of the abovementioned grounds shall not be entitled to claim any refund.

6.1 In the event where the Firm is unable to conduct the tour package despite a confirmed Booking, due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the Firm, the Firm shall promptly intimate the guest regarding the Force Majeure event and cancel the booking with immediate effect. The Firm shall be fully exempted from performance of the terms and conditions of the Bookings Agreement and this Policy for the entire duration of the Force Majeure event.

6.2 If the Firm cancels the booking due to a Force Majeure event, the guest is entitled to refund after a deduction of the cancellations charges as stipulated in Clause 3 of this policy.

6.3 In the event where the guest is unable to undertake the journey to Andaman due to acts of God, State Orders, wars, revolution, civil commotion, acts of public enemy, embargo, pandemic, epidemic, quarantine, lock-down or any other circumstances beyond the reasonable control of the guest, the guest shall promptly intimate the Firm regarding the Force Majeure event and request for a rescheduling of the Bookings. The Firm shall be legally entitled to made deductions in accordance with Clause 3 of this policy.

6.4 In the event where the package is already underway during the Force Majeure event, the guest shall be liable to pay the additional charges for all extra services availed during the Force Majeure event, and adhere to all other terms and conditions of this Policy.

7.1 The Firm assumes no liability for lost, misplaced, stolen or damaged valuables belonging to the guests during the itinerary.

7.2 The Firm is not responsible for any valuables or belongings left behind by the guest at any hotel, cruise, taxi, etc.

8.1 Irrespective of the nature of booking, the guests shall be held directly liable under civil and criminal laws of India for any loss caused to the Firm owing to any negligent act or omission on part of the guest.

8.2 The Firm shall be entitled to recover damages and compensation from the guest due to any such loss caused by the guest.

9.1 The Firm shall not be held liable for any injury or loss suffered by the guests while engaging in any activity/service offered by a third-party, such as bike/taxi rentals, scuba diving, snorkeling, boat excursions, etc.

9.2 The Firm shall not be held liable for any injury or loss suffered by the guests during their stay at any hotel, resort, homestay, etc.

9.3 The Firm shall be fully indemnified from any such claims arising from the activity/services rendered by the third-party, even in the event where the Firm referred such third-party to the guest.

10.1 The Firm shall be entitled to collect personal data of its guests in the course of rendering its services.

10.2 The Firm shall protect such personal data and take all precautionary steps to ensure that such data is contained safely.

10.3 The Firm shall not be liable for any data-leak or data-theft which occurs despite its best efforts to protect such data. The guests shall have no legal right to claim damages against the Firm in the event of such data-leak or data-theft.

11.1 Any dispute between the guest and the Firm shall be immediately reconciled by a representative of the Firm in an amicable manner.

11.2 In the event of failure of reconciliation within a period of (seven) 7 days from the date of dispute, the matter shall be referred for arbitration, to be conducted by a sole arbitrator appointed by the Firm, or the jurisdictional Courts in Port Blair.

11.3 The arbitration shall be held in English language, and the seat of Arbitration shall be at Port Blair.

11.4 The International Chamber of Commerce (ICC) Rules of Arbitration shall be applicable to such arbitration.

11.5 Despite the booking being made by guest in any part of India or any part of the world, all disputes arising from the bookings and this policy shall be subjected exclusively to the jurisdictional Courts of law in Andaman & Nicobar Islands alone.

12.1 The guest hereby knowingly, voluntarily and intentionally relinquishes, abandons and waives his/her right to file a Complaint under Section 35 or 47 of the Consumer Protection Act, 2019, in any other jurisdiction, except for the Courts having territorial jurisdiction over Andaman & Nicobar Islands.

12.2 Any such Complaint filed against the Firm before any Consumer Court beyond the territorial jurisdiction of Andaman & Nicobar Islands, shall be liable to be dismissed in-limine in view of this waiver of rights.

12.3 Without prejudice to any other rights, the Firm shall be entitled to claim a liquidated demand of a sum of Rs. 2,00,000 (Rupees Two Lakhs) as exemplary damages from anyone filing a Complaint before a Consumer Court in contravention to the waiver of rights. Such claim shall be filed in a Civil Suit under Order XXXVII, Rule I, of the Code of Civil Procedure, 1908, before the jurisdictional Courts in Andaman & Nicobar Islands.

13.1 The Firm reserves all its rights and privileges to prosecute anyone for defamation or libel, both under the civil and criminal laws, for any imputation made against the firm in comments posted by a guest, or anyone on behalf of a guest, on Social Media, Review Management websites, or any other digital or print media, accessible or visible to the public at large.

13.2 The Firm shall be legally entitled to seek exemplary damages and compensation from anyone making such imputations in addition to seeking penal action for the same.

13.3 The Firm shall be entitled to withhold or forfeit any amount paid by the guest in the event where an imputation is made against the Firm on any online platform, by the guest or by anyone on his/her behalf.

13.4 The Firm reserves all rights to amend/add/delete/modify any of the terms and conditions stipulated herein without due notice. The Guests are deemed to have read, understood, and consented to this Policy before making any booking with the Firm.

Subjected to Arbitration in Andaman & Nicobar Islands exclusively.

Other statutory rights are expressly waived.