Terms and Conditions of Contract | India
- The contract is between you and Aquacreed Private Limited (India) who will be referred to as (the “Company” and/or “us”) henceforth. The Terms and Conditions are subject to the prevailing laws of India which holds jurisdiction over the Andaman Islands
- Your contract with the Company is in effect once the specified deposit has been paid by you, and the Company has confirmed acceptance in writing.
- For any special requests outside the services offered, the Company will endeavour to assist, but is not obliged to do so. These must be notified to the Company in writing at the time of booking or before confirmation of the booking by the Company. Any such requests received after the Company has confirmed the booking may be subject to additional costs and/or cancellation charges (as detailed below) which must be borne by you.
There are additional Terms & Conditions for Single Angler Trips and these are listed under the Single Angler Trips – additional Terms & Conditions tab.
Points 1 & 2 as well as 4 to 16 listed below are also applicable to Single Angler Trips.
By paying a deposit to secure your booking, you are confirming that you have read and agree to the Terms & Conditions listed on our website under the General Terms & Conditions & (if applicable) Single Angler Trips – additional Terms & Conditions sections.
1. Booking Confirmation
Bookings will be held only after the specified deposit payment has been received by the Company (refer to point 2a below). The final balance payment must be made no later than 60 (sixty) days (2 months) prior to your trip date or as agreed by the Company in writing.
The prices quoted are for payment by draft, wire transfer, cheque or money order. The full trip price is payable to the Company 60 days prior to departure or as agreed in writing by the Company. Failure to pay by that date entitles the Company to cancel your booking without notice and without refund of the deposit. Prices may be quoted in Rupees / US dollars / GB Pounds / Euros/Singapore Dollars.
2a. Payment Process
i) An initial deposit of 20% (twenty percent) of the invoice value is payable within 10 (ten) days, failing which the dates will be released, (customers will be advised of the deposit due dates by official correspondence). A further deposit to make 50% (fifty percent) of the total invoice value is payable within 1 (one) month or 30 (thirty) days from the date of booking, unless otherwise specified by Company to you via Company email. Failure to pay by that date entitles the Company to cancel your booking without notice and without refund of the initial deposit.
ii) Full and final payment of the invoice value must be made no later than 60 (sixty) days (2 months) prior to your trip commencement date.
iii) For a booking that is made less than 60 (sixty) days before the departure date of the trip, a payment of the full invoice value must be made in a time frame as specified over official correspondence via email by the company.
iv) Where it is not possible to follow the above payment schedule, we request our customers to contact us to find a suitable alternative. Depending on the situation, we can arrive at a mutually acceptable time frame to clear balance payments.
3. Cancellations – *This point does not apply to Single Angler Trips.
If it becomes necessary to cancel your trip, you must notify the Company immediately in writing. Once we receive your notice, cancellation will take effect. Please note that the following charges will apply on cancellation:
• If cancellations are made more than 120 (one hundred twenty) days prior to departure, you will receive your entire deposit minus the bank charges incurred in remittance.
• If cancellations are made between 120 (one hundred twenty) and 75 (seventy five) days prior to departure, 50% (fifty percent) of the tour price will be forfeited.
• If cancellations are made less than 75 (seventy five) days prior to departure, 100% (one hundred percent) of the tour price will be forfeited.
• The trip price is quoted as a package. No partial refunds or credit will be given for services not used.
• Any and all refunds by the Company is subject to deduction of bank charges and other applicable administrative charges associated with making of such refund.
Company shall not be liable to refund, in whole or in part, any booking amounts if any tours are affected due to COVID-19 or any other force majeure event, including, in the event of any cancellation, delay or postponement of the tour.
4. Health, Fitness and Age Requirements
i) Participants must be in good health and reasonably fit. It is vital that anglers with medical problems inform us in advance, before coming for the trip. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic and have high blood pressure, you are strongly advised against participating. Charters generally take place in remote areas where there is limited access to normal medical services or hospital facilities for serious problems. Where necessary, evacuation can be prolonged, difficult and expensive. Medical and evacuation expenses will be the responsibility of the participant. All boats we run are equipped with life jackets, in case of any emergency. However, as per the rules and regulations pertaining to Sport Fishing, it is necessary that every participant possesses the basic ability to swim.
ii) Any participant over 70 (seventy) years of age on the date of departure of the trip should advise us by written communication via our official email in advance at the time of making the initial deposit. Minors below 10 (ten) years of age on the date of departure of the trip are not allowed to participate and will not be permitted on board without a legal guardian present. Minors over 10 (ten) years of age and below 18 years of age on the date of departure of the trip can participate at our discretion and are required to have a legal guardian present onboard at all times.
5. Delay, Cancellation or Change of Itinerary
i) The Company reserves the right at any time to cancel or change any of the services or prices described in our website or any other communication. In case the Company cancels any charter prior to departure, the participants will be given a refund in full minus any and all applicable bank charges and administrative charges. However, you agree that you will not be entitled to make any further claim for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to passport, visa and vaccination charges, or departure, gear purchases, airport and airline taxes).
The Company will make arrangements for alternate boats, should our boats be unable to operate during your trip. If we cannot do so, we will refund that day/days’ fishing charges to you via your bank account as no cash refunds will be made locally.
ii) The Company reserves the right to replace or substitute any package product(s) with other product(s) of similar quality / cost. This applies to, but is not limited to boats, accommodation, transport, tackle, meals, etc. You accept that the Company has no liability towards you whatsoever for costs or loss of enjoyment as a result of these changes.
6. Late Arrivals
i) The Rules for Sport Fishing stipulate that a fishing permit needs to be applied for every person going out on the boat each day. Application for the permit needs to be submitted online before 6 pm. Allowing for sketchy internet connections, website downtime, unplanned delays etc. The Company would plan to submit the fishing permit applications for its clients by 4 pm each evening. Permits can be applied for only after Restricted Area Permits are available (issued for all foreigners on arrival in Port Blair). To ensure that there is no delay in applying for the permits, we recommend that our customers plan their flights to arrive in Port Blair latest by 2:00 pm.
ii) The Company will not be responsible for inability to obtain the necessary fishing permits caused by delayed arrival of the customer. No refund will be issued by the Company for any loss of fishing day, in part or full, for loss incurred as a direct or indirect consequence of delayed arrivals.
i) Personal travel insurance is not included in the tour price. You must obtain adequate personal and/or travel insurance. Your insurance must cover flight cancellation, flight delays, fishing days lost in full or part, due to bad weather, delayed flights, mechanical failure of boat, permit delays, and any foreseeable and unforeseeable circumstances not specifically mentioned etc. Your insurance must also cover against medical expenses including any related to pre-existing medical conditions, emergency repatriation and potential personal accident or loss or damage to personal property.
ii) You are required to carry proof of insurance with you and produce it if reasonably requested by Company’s employees. Company reserves the right to cancel your participation in a tour at any time, with no right of refund, if you are unable to provide proof of insurance.
8. Postponement or Delay
The Company will not be liable for any postponement or delay in (either in relation to departure or to the duration of the charter). Further, the Company may for any reason change the date of departure or conclusion of the tour, including postponement or delay (either in relation to departure or to the duration of the charter) which may become necessary due to inclement weather, strikes, civil disturbance or for any act of god there will be no refund. In the event of a change, postponement or delay, participants have no right to refund of the tour price (in whole or in part), any additional costs incurred by you or other compensation for any injury, loss or damage.
i) Any rescheduling of the tour due to postponement, delay or cancellation for whatsoever reason shall be made within 10 (ten) days (a) from the date of the actual tour starting date in case of rescheduling due to postponement or delay as a result of inclement weather, strikes, civil disturbance or for any act of god, and (b) from the date of cancellation, for any other reason.
ii) The Company reserves the right to cancel the rescheduling, without any refund or any other liability towards you, if you fail to reschedule the tour within the time period specified herein above.
iii) The cost of rescheduling the tour will be subject to consideration of any increase in fuel and ground costs. Therefore, you may to liable to pay additional 10 – 15 percent on the total costs in normal situations and such higher percent in extraordinary situations, as may be decided solely at the reasonable discretion of the Company.
iv) Notwithstanding the above, in the event of rescheduling of any tour on account of either postponement, delay or cancellation, the rescheduled tour shall be completed within a period of 12 (twelve) months from the date of the originally scheduled trip. In the event the rescheduled trip cannot be completed within a period of 12 (twelve) months, then the same shall be deemed cancelled and any amounts paid/deposited to the Company shall be forfeited or rescheduled at the sole discretion of the Company and subject to increase in fuel and ground costs.
10. Package Prices
i) The Company calculates package prices based on ground costs and exchange rates. While we strive to maintain prices, sometimes increases are beyond our control. We reserve the right to amend tour prices (or any part) without notice at any time before and including the departure date.
ii) Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, Indian or foreign government action (including changes in the rate of Taxes and any other duties or levies) etc.
iii) All price changes effected after a booking has been confirmed are payable within 7 (seven) days of intimation. Should you refuse to accept and pay such price change, the Company reserves the right to cancel the tour and retain any payment made. Provided that, if such change results in an increase of more than 25% (twenty five percent) of the original cost quoted, you may cancel the booking within 21 (twenty one) days of being notified of the increase in price and obtain a full refund minus any and all bank charges and an administration charge of not more than US$ 50 (USD Fifty only) per person.
iv) In case you are unwilling to pay the increase in price as intimated by the Company to you, you may write to us within 21 (twenty one) days of being notified by the Company, requesting us to offer you a similar package for the price being paid by you. The Company may, at its sole discretion, offer a similar package, such as a one day less fishing or accommodation, or a different itinerary, by factoring the difference due to the increase in price.
v) If the holiday you have bought is subsequently sold or offered at a lower price than you paid, the Company will be under no obligation to refund the difference in the price. Any increase in tour prices must be paid prior to the departure date.
11. Exclusions from Tour Price
The following items are excluded from the tour price:
• Airfares, departure, airport and airline taxes
• Visa, passport and vaccination charges
• Sport fishing Permit Fees (Currently INR 2500/- per person per day (Foreign Nationals) INR 500/- per person per day (Indian Nationals))
• Extra meals not included in the itinerary
• Tackle, unless rented upon prior request
• Laundry, postage, personal clothing, medical expenses, personal travel insurance and items of a personal nature
• Emergency evacuation charges
• Tips and excess baggage charges
• Any other items not specifically mentioned as included in your package / invoice details.
12. Inclusions in the Fishing Tour Package
The following are included in our tour package price unless explicitly communicated otherwise:
• Boat hire charges, fuel charges for the stipulated number of days of fishing
• All major meals (breakfast, lunch, dinner) from lunch on the day prior to first day of fishing (provided guest arrives at the Guest House latest by 2 pm) to breakfast on the day following last day of fishing, at Kokari Guest House.
• Accommodation on a sharing basis at the company-run Kokari Guest House OR equivalent
• Airport transfers to and from Kokari Guest House (1 per group)
13. Use of Barbless Hooks Only
The Company’s catch and release policy enables fish to be unhooked and returned to the water without serious injury or exhaustion. Hence, you will agree to only use barbless hooks. Failure to comply with this could result in cancellation of your trip with no eligibility for any refund. The Company can withdraw related services including the use of the Company’s boats and the services of the guides and staff.
14. Force Majeure
“Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire, accident, war or threat of war, terrorist attacks, sabotage, insurrection, civil disturbance, pandemic, unrest, requisition, sickness, quarantine, government intervention or hindrance of any kind, weather conditions or other untold occurrences).
i) You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will the Company or any of its directors, employees, consultants and agents be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a tour, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
ii) Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to 25% (twenty five percent) of the fees paid by you to the Company for the tour.
16. Amendment to the Terms and Conditions
These Terms and Conditions are provided in good faith and on an as is basis. We reserve the right to amend these terms and conditions at any time by making changes without notice. Any amended terms and conditions will supersede all previous versions or iterations we may have made available and which you may have stored in your cache.
SINGLE ANGLER TRIPS – ADDITIONAL TERMS & CONDITIONS
TERMS & CONDITIONS FOR SINGLE ANGLER TRIPS: Points 1 & 2 as well as 4 to 16 listed under the General Terms & Conditions tab are also applicable to Single Angler Trips. Please make sure that you have read and agree to our terms & conditions before booking your trip.
Minimum number of Places: Trips will run subject to a minimum number of places being booked*. The minimum number of anglers required to run the trip is usually specified on the posting but may be reduced at the discretion of the Company. (* a place is booked only when a deposit payment of 50% has been made)
Confirmation: The trips will be confirmed by the Company at least 1 (one) month prior to the trip start date or when the minimum number of places have been booked – whichever is earlier.
Boat: The Company reserves the right to substitute boats, depending on the number of confirmed anglers. If the required number of anglers is not met for the large boat, the smaller one will be used instead.
Deposits & Payments: Deposits & payments for Single Angler Trips are non-refundable – unless the trip is cancelled by the Company.
Cancellations: The Company reserves the right to cancel any trip where the minimum number of places has not been filled. A cancellation for this reason will take place no later than 30 days before the trip start date.
If the trip is cancelled by the Company, you can choose to use the money in full as a credit towards an alternative trip with us, or get a refund of the deposit amount minus any and all bank charges and other applicable cancellation fees associated with making of such refund.