Booking Conditions
Introduction
1. “We” or “Us” or “Our” (with or without initial capital letters) or “the Company” refers to Sophie Hartman Limited (trading as Holidays in Rural India) or, where the context so admits, to an authorised representative of the Company.
2. “You” (or “Your”) (with or without initial capital letters) refers to the person(s) who by making a Booking or requesting consultancy advice agrees to accept Sophie Hartman Limited’s offer to provide travel services subject to these Booking Conditions. You further agree that these Booking Conditions are in all of the circumstances reasonable.
3. We provide two alternative kinds of travel services: “linked travel arrangements” (in which we arrange some or all of your holiday and you make some or all payments to us) and “consultancy advice” (in which we charge a fee to make suggestions for a holiday itinerary which you may go on to book and pay for yourself). Different terms and conditions apply to these two kinds of travel services. These Booking Conditions contain both sets of terms and conditions and we will make it clear to you in advance of payment which set applies to you.
Booking conditions for linked travel arrangements
4. By facilitating the purchase of at least two different kinds of travel service for the purpose of the same trip or holiday not constituting a package, resulting in the conclusion of separate contracts with individual service providers, the Company is providing you with a “linked travel arrangement” as defined in Regulation 2(3)(b) of the Package Travel and Linked Travel Arrangements Regulations 2018 (“the PTA Regulations”). The contract between you and the Company is not a “package travel contract” for the purposes of the PTA Regulations.
5. The information required by Regulation 26(8)(e) and (9)(a) and (b) of the PTA Regulations is set out at the Annex to these Booking Conditions.
Making a Booking
6. All of our tours are bespoke and the prices given on our website are indicative only. The actual price of the tour that you select (“your Tour”) will depend on your chosen itinerary, the extent to which you will be assisted and accompanied by us and prevailing exchange rates. These matters will be established in correspondence between you and the Company following which we will provide you with a Tour Itinerary and an Invoice.
7. The Invoice will specify the Total Price for your Tour, made up of a non-refundable Deposit of 50% of the Total Price, plus the balance of the Total Price. The Deposit is payable upon the issue of the Invoice, failing which we reserve the right to cancel your Booking. The balance will be payable as specified on the Invoice. If you are making a Booking less than eight weeks prior to departure the Company will issue you with an Invoice for the Total Price payable in full immediately.
8. Your Booking is complete when you pay the Deposit. In making your Booking you agree to these Booking Conditions, the Tour Itinerary and the sums specified in the Invoice as forming the contract between you and the Company and superseding any previous understanding or representation. Please make cheques payable to Sophie Hartman Limited.
What does the Total Price include?
9. The Total Price includes all of the travel, accommodation, specified meals, specified excursions, entrance fees and other such items that make up your Tour, including domestic (Indian) flights. The Total Price does not include international flights, visa costs, baggage surcharges, tips, alcoholic drinks, personal purchases, your insurance or items not set out in the Tour Itinerary.
Airlines, railways and buses
10. Sophie Hartman Limited does not make flight accommodation available to you and is not an agent for any entity that does make flight accommodation available to you. The Company facilitates the arrangement of your bookings with the Indian airlines, railways and buses that form part of your Tour. All such bookings are accepted by you subject to the terms, conditions and regulations of the carriers involved and to the laws of India or the Indian State involved. The Company can accept no liability for loss, damage or inconvenience suffered as a result of the acts or defaults of Indian airlines, railways or buses.
Passport, visas and health
11. You are responsible for ensuring that you have a valid passport, an appropriate visa and that you conform to health regulations made from time to time by the Government of India and the Governments of any state at which you may stop en route to India. We can advise you in applying for an Indian visa, but its cost and timing are your responsibility.
12. You are responsible for ensuring that you have all the vaccinations, prophylactics and medicines that are appropriate for a person of your age and medical history when travelling in India. Sophie Hartman Limited does not give medical advice and you are strongly advised to consult your GP in good time for your departure.
13. We will pay close attention to the suitability for you of all elements of your Tour Itinerary. To assist us in this it is your responsibility to bring to our attention any relevant issues of health or reduced mobility.
14. Covid: Sophie Hartman Limited will not accept clients who cannot demonstrate that they are fully vaccinated. We accept no liability for any damage or distress caused by any difficulty you may have in proving your vaccination status to any providers of services included in your Tour Itinerary.
Baggage and personal effects
15. These remain your responsibility and risk at all times.
Activities
16. If your Tour includes walking activities, it is your responsibility to ensure that you have the necessary clothing footwear health and fitness to walk for the stated distances on uneven terrain in hot weather.
17. If your Tour includes cycling activities, it is your responsibility to ensure that you have the necessary experience skills clothing helmet health and fitness to cycle the stated distances on uneven or difficult terrain in hot weather. You are strongly advised to always wear a helmet when cycling, regardless of whether other cyclists are wearing helmets. You are strongly advised to bring a helmet that is compliant with UK or EU standards and in good condition. We can supply cycling helmets on request but give no warranty or assurance that they are compliant with UK or EU standards.
Travel insurance
18. You must take out suitable travel insurance to cover the entire period of your Tour. We reserve the right to require a copy of your policy and insurance schedule. If we are not reasonably satisfied with the terms of your travel insurance we have the right either to require you to take out further cover or to terminate your Booking if you fail to obtain adequate cover. Your cover must include, without limitation, emergency repatriation in the event of medical problems, medical, emergency and associated expenses, the costs of cancellation or curtailment, delayed or missed departure, personal accident and personal liability and loss of valuable goods.
Alterations and cancellations
19. We will do our utmost to ensure that the Tour Itinerary is adhered to, but must reserve the right to modify or cancel any excursion, flight, schedule, accommodation or arrangement if unforeseen circumstances require us to do so. In such circumstances we will inform you as soon as possible and will endeavour to make only such changes as are compatible and consistent with the Tour Itinerary and with the Total Price. If, however, we find that there is no reasonable alternative but to modify your Tour in a way that increases its cost we reserve the right to increase the total price by the minimum amount necessary and our supplementary invoice for this amount is payable in full within 10 days of its date of issue. We will not make any such modifications without discussing the situation with you in full.
20. If unforeseen Indian or international circumstances make it appropriate to cancel your Tour before departure from UK we will refund the monies that you have paid to us, less the actual cost of payments already made by us toward items on the Tour Itinerary, which may include domestic flights in India and hotel bookings, plus a cancellation fee of £150. We shall not cancel any tour for reasons of political tension or natural disaster unless specifically recommended to do so by the Foreign Office.
21. We will do our best to accommodate any reasonable requests from you for alterations to the itinerary set out in the Tour Itinerary, subject to availability and to your paying for any increased costs resulting from your requests. Where your request for alteration(s) to the Tour Itinerary result in increased costs our supplementary invoice for the increased amount is payable in full within 10 days of its date of issue.
22. You may cancel your Tour at any time before it has started, provided that cancellation is communicated to us in writing by the person with whom the Tour Summary was negotiated. If you cancel your Tour eight weeks or more before your date of departure your deposit will not be refunded. If you cancel your Tour less than eight weeks before your date of departure a further cancellation charge will be payable, comprising a cancellation fee of £150 plus the actual cost of any payments that we have made in preparation for your Tour. This may include the cost of domestic flights in India and hotel bookings.
Other tour operators
23. If you have chosen to include travel to parts of India other than those in which Sophie Hartman Limited has special expertise your Tour Itinerary may, at your request, include periods during which your Tour is the responsibility of another tour operator. The Tour Itinerary will make clear whether, where and when this is the case. Sophie Hartman Limited is not an agent for any other tour operators and cannot accept any responsibility for their acts or defaults or for problems experienced during that part of your Tour.
Our liabilities
24. Sophie Hartman Limited does not exclude or limit its liability to you in respect of death or personal injury resulting from its negligence (other than air and sea carriers performing any domestic internal or international carriage of any kind). Save as otherwise appears in these Booking Conditions we accept responsibility for ensuring that your Tour is as described and that the services provided by us or our authorised representatives or subcontractors are, in all of the circumstances, of a reasonable standard. For your part, you understand that you may encounter conditions and circumstances unlike those of Europe and you agree that the Company is not liable for discomfort or damage resulting from the vicissitudes of travel and accommodation in India or walking or cycling on uneven terrain. We cannot assume responsibility for loss or expense due to war, riots, strikes, terrorist activities or natural disaster.
Other matters
25. We have measures in place to protect personal information held by us. Where required such information will be supplied to customs or immigration authorities and to the relevant carriers and accommodation providers. In making this Booking you give your consent to information about you held by us being passed to these parties.
26. If any of the provisions of these Booking Conditions are found to be inconsistent with the provisions of the PTA Regulations, unlawful or otherwise unenforceable by any court those provision(s) shall be deemed severed from the remainder of these Booking Conditions, which shall remain valid and enforceable. Headings shall not be taken into account in the construction of these Booking Conditions.
27. This contract shall be governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales.
Booking Conditions for consultancy advice
28. Sophie Hartman Limited provides consultancy advice to persons and groups intending themselves to travel in India. By requesting consultancy advice, you confirm that this is your intention and that will not make commercial use of the advice. On this basis, Sophie Hartman Limited’s consultancy advice is charged for on a time-for-work basis and at the rate of £75 per hour. Time spent in discussing your requirements, whether by telephone, video or in writing, is included.
29. Following discussion of your requirements the Company will carry out research and may make enquiries of suppliers of services in India. We will then supply you with an Invoice for this work and for the further time to be involved in providing our written consultancy advice. Upon receipt of payment in full we will provide you with our written consultancy advice. Any subsequent time engaged in further discussions with you or in providing further written consultancy advice will be charged for in a second or subsequent Invoice.
30. It is your responsibility to clearly explain your specific requirements, including any relevant issues of health or reduced mobility.
31. Where the Company’s consultancy advice includes details of the cost of services supplied by third parties all reasonable efforts will have been made to ensure that the costs mentioned are correct and up to date. However, before purchasing any suggested services it is your responsibility to check that such services remain available at the time of demand and to verify their price at point of sale. Sophie Hartman Limited accepts no liability for changes in prices, the withdrawal or alteration of services or for the effects of changes in exchange rates.
32. The Company uses its expertise and reasonable endeavours to suggest suppliers of services and travel itineraries that it believes will meet your requirements (as expressed to us). However, you are advised to exercise all due diligence in determining whether services or suppliers suggested by us are indeed suitable for you. Any services that you go on to purchase in reliance on the Company’s consultancy advice will be subject to the terms and conditions of sale of the suppliers involved and to the laws of India or the Indian State involved.
33. Sophie Hartman Limited does not exclude or limit its liability to you in respect of death or personal injury resulting from its negligence but shall otherwise have no liability to you in respect of any loss damage or distress that may arise from dealings that you may go on to have with suppliers or services that we have suggested. Without prejudice to the generality of the foregoing, you accept that you may encounter conditions and circumstances unlike those of Europe and you agree that the Company is not liable for discomfort or damage resulting from the vicissitudes of travel or accommodation in India and that we cannot assume responsibility for loss or expense due to war, riots, strikes, terrorist activities or natural disaster.
34. The Company does not give advice on health-related matters, passport or visa requirements or insurance and you accept that these are matters for you alone to address.
35. The Company’s consultancy advice is supplied to you only and may not be shared by you or used for any commercial purpose without our prior written consent.
36. Save as provided by law the Company accepts no liability or responsibility to any person other than you who may rely or act on our advice.
37. The Annex to these Booking Conditions does not apply to consultancy advice.
38. If any of the provisions of these Booking Conditions are found to be unlawful or otherwise unenforceable by any court those provision(s) shall be deemed severed from the remainder of these Booking Conditions, which shall remain valid and enforceable. Headings shall not be taken into account in the construction of these Booking Conditions.
39. This contract shall be governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales.
Company number 9374247
Customer Financial Protection
Sophie Hartman Ltd t/a Holidays in Rural India is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with the current ''The Package Travel, Package Tours Regulations '' all passengers booking with Sophie Hartman Ltd t/a Holidays in Rural India are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Sophie Hartman Ltd t/a Holidays in Rural India.
Policy Holder: Sophie Hartman Ltd t/a Holidays in Rural India Company Registration number: 09374247
Policy Number: EV2202UKFI0160
Policy Period: 1st May 2024 – 30th April 2025
This Policy is issued by Evolution Insurance Company Limited which is registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.
Evolution Insurance Company Limited is authorised and regulated by the Financial Services Commission in Gibraltar and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available from us on request.
In the unlikely event of Insolvency of Sophie Hartman Ltd t/a Holidays in Rural India please follow the procedures below:
Claims should be submitted in writing within 14 days of the Administration order or Sophie Hartman Ltd t/a Holidays in Rural India being declared insolvent supported by documented evidence quantifying the value of the claim.
Claims should be submitted to: Evolution Insurance Solutions Limited, 53A High Street, Saffron Walden, Essex, CB10 1AA or via email to claims@evo-insurance.com
Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card). This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
**Policy Period covers bookings made within the dates specified regardless of date of travel**