Liabilities & Limitations

Our liabilities & limitations

Last Updated: 10 January 2024

This Liabilities and Limitations Policy (“Policy”) forms part of the Terms & Conditions governing the services provided by Apollo Voyages Pvt. Ltd (“Apollo Voyages Pvt. Ltd”, “we”, “us” or “our”). By making a booking with us, you (“you”, “traveller”, “guest” or “customer”) acknowledge that you have read, understood and agreed to the terms of this Policy.

Apollo Voyages Pvt. Ltd is committed to providing carefully planned and professionally managed travel experiences. However, travel involves circumstances and services that may be outside our direct control. This Policy sets out the circumstances in which Apollo Voyages Pvt. Ltd may or may not be responsible for loss, delay, disruption, injury, expense or other consequences arising in connection with a booking or tour.

 

  1. Scope of Responsibility 

Apollo Voyages Pvt. Ltd acts as a tour operator and travel service provider and may arrange, coordinate or facilitate various components of a journey, including accommodation, transportation, flights, cruises, sightseeing, excursions, guides, activities, restaurants, transfers, permits and other travel-related services.

Certain components of a tour may be provided by independent third-party suppliers (“Service Providers”). These may include airlines, hotels, resorts, transport operators, cruise companies, activity and adventure operators, restaurants, guides, local agents and other suppliers.

Where a service is provided by an independent Service Provider, that service is also subject to the Service Provider’s own terms, conditions, rules, limitations of liability, cancellation policies and conditions of carriage.

Apollo Voyages Pvt. Ltd will exercise reasonable care in selecting and coordinating Service Providers. However, we do not control the day-to-day operations of independent Service Providers and cannot guarantee their performance, availability, standards, schedules or actions.

  1. Third-Party Service Providers

To the extent permitted by applicable law, Apollo Voyages Pvt. Ltd shall not be responsible for any act, omission, negligence, default, delay, cancellation, alteration, insolvency or failure of an independent Service Provider.

This may include, without limitation:

airlines and other carriers;

hotels, resorts and accommodation providers;

cruise operators;

coach, bus, taxi and other transportation providers;

local guides and tour escorts;

restaurants and catering providers;

sightseeing and attraction operators;

adventure, sporting or recreational activity providers;

ferry, rail or other transportation operators; and

other third-party suppliers involved in the itinerary.

Where a Service Provider is responsible for a particular loss, delay, cancellation, injury, deficiency or other issue, any claim may be subject to the terms, conditions and limitations applicable to that Service Provider.

Where appropriate, Apollo Voyages Pvt. Ltd will reasonably assist the traveller in communicating with the relevant Service Provider, but such assistance does not make Apollo Voyages Pvt. Ltd responsible for the Service Provider’s acts or omissions.

  1. Changes to Itineraries

Travel itineraries, schedules, routes, hotels, transportation arrangements and activities may occasionally need to be changed due to operational, weather, safety, governmental, regulatory or other circumstances.

Apollo Voyages Pvt. Ltd reserves the right, where reasonably necessary, to modify the itinerary, accommodation, transportation, sightseeing arrangements, sequence of activities or other components of a tour.

Where a material change is required, Apollo Voyages Pvt. Ltd will endeavour to provide a reasonable alternative of a comparable nature, subject to availability.

No particular hotel, airline, vehicle, guide, restaurant, attraction or activity is guaranteed unless expressly confirmed in writing as a guaranteed component of the booking.

  1. Delays, Cancellations and Disruptions

Apollo Voyages Pvt. Ltd shall not be liable for delays, cancellations, missed connections, schedule changes, route changes, overbooking, operational disruptions or other failures attributable to airlines, hotels, transport operators or other Service Providers.

Similarly, Apollo Voyages Pvt. Ltd shall not be responsible for additional costs arising from a traveller’s failure to comply with recommended arrival, check-in or reporting times.

Travellers are responsible for allowing sufficient time for airport check-in, immigration, security, transfers, boarding and other travel formalities.

Where Apollo Voyages Pvt. Ltd is able to assist in resolving a disruption, we will make reasonable efforts to do so. Any refunds or compensation relating to a third-party service will be subject to the applicable terms of that Service Provider and the amounts actually recoverable from the Service Provider.

  1. Force Majeure and Events Beyond Our Control

Apollo Voyages Pvt. Ltd shall not be liable for any failure, delay, alteration, interruption or inability to provide services caused by circumstances beyond our reasonable control (“Force Majeure Events”).

Force Majeure Events may include, without limitation:

natural disasters, floods, earthquakes, storms, fires or other extreme weather;

epidemics or pandemics;

war, armed conflict or threat of war;

terrorism or civil unrest;

strikes, industrial disputes or labour shortages;

government restrictions, orders or actions;

changes in visa, immigration or border requirements;

airport, port, road or infrastructure closures;

political instability;

transportation disruptions;

technical or operational failures outside our reasonable control;

closure of tourist attractions or destinations;

quarantine or public-health restrictions; and

any other event which could not reasonably have been anticipated or prevented by Apollo Voyages Pvt. Ltd.

In such circumstances, Apollo Voyages Pvt. Ltd may cancel, postpone, modify or rearrange affected services and will endeavour to assist travellers in accordance with the applicable supplier policies.

Any refunds arising from a Force Majeure Event will be subject to amounts actually refundable or recoverable from the relevant Service Providers, unless otherwise required by applicable law.

  1. Health, Medical Conditions and Personal Safety

Travellers are responsible for assessing their own physical fitness and ability to participate in any tour, excursion, adventure activity or other experience.

Travellers must inform Apollo Voyages Pvt. Ltd in advance of any relevant medical, mobility, dietary or accessibility requirements where such information is reasonably necessary for the safe and appropriate planning of the trip.

Apollo Voyages Pvt. Ltd shall not be responsible for medical conditions, illnesses, injuries or other health-related consequences arising from a traveller’s pre-existing condition, failure to disclose relevant information, failure to follow reasonable safety instructions or participation in activities contrary to medical advice.

Certain activities may involve inherent risks. Travellers are responsible for following all safety instructions provided by Apollo Voyages Pvt. Ltd and/or the relevant Service Provider.

  1. Travel Insurance

Apollo Voyages Pvt. Ltd strongly recommends that all travellers obtain appropriate travel insurance before commencing their journey.

Travel insurance should, where appropriate, include coverage for:

trip cancellation and interruption;

medical and emergency expenses;

emergency evacuation and repatriation;

baggage loss, theft or delay;

travel delays and missed connections;

personal accident; and

other risks relevant to the destination and activities planned.

Apollo Voyages Pvt. Ltd is not an insurer and shall not be responsible for losses that could reasonably have been covered by appropriate travel insurance.

Where insurance is purchased through a third-party insurer or insurance intermediary, claims shall be governed by the applicable insurance policy and must be made directly with the insurer where required.

  1. Passports, Visas and Travel Documentation

It is the traveller’s responsibility to ensure that they possess valid passports, visas, permits, vaccination certificates, immigration documents and any other documentation required for their journey.

Apollo Voyages Pvt. Ltd may provide general information or assistance regarding visa and travel requirements; however, such information should not be treated as a guarantee that a visa or entry permission will be granted.

Apollo Voyages Pvt. Ltd shall not be responsible for losses, cancellation charges, denied boarding, denied entry, deportation, additional accommodation, transportation or other expenses resulting from:

visa refusal or delay;

incorrect or incomplete documentation;

passport validity issues;

failure to meet immigration requirements;

failure to comply with vaccination or health requirements; or

any decision of an immigration, border, airline or governmental authority.

Travellers should independently verify current requirements with the relevant authorities before departure.

  1. Personal Belongings and Baggage

Travellers are responsible for the security and safekeeping of their passports, money, jewellery, electronic devices, valuables, baggage and personal belongings.

Apollo Voyages Pvt. Ltd shall not be responsible for loss, theft, damage or delay involving personal belongings except to the extent that such liability cannot lawfully be excluded.

Where baggage or belongings are lost or damaged while in the custody of an airline, hotel, transport operator or other Service Provider, the traveller should immediately notify the relevant provider and make any required claim in accordance with that provider’s procedures.

Travellers are advised not to place cash, jewellery, passports, important documents or other valuables in checked baggage.

  1. Activities and Adventure Experiences

Certain tours may include activities involving inherent risks, including but not limited to trekking, hiking, rafting, water sports, skiing, diving, wildlife experiences, cycling, motorised activities or other adventure activities.

Participation in such activities is voluntary and may be subject to separate safety rules, medical requirements, age restrictions, waivers or terms imposed by the relevant Service Provider.

Apollo Voyages Pvt. Ltd shall not be responsible for injury, loss or damage arising from participation in an activity to the extent caused by the traveller’s failure to follow safety instructions, disclose relevant medical information, comply with applicable rules or act in a reasonably safe manner.

Nothing in this Policy excludes or limits any liability which cannot lawfully be excluded or limited.

  1. Traveller’s Conduct

Travellers are expected to behave responsibly and respectfully towards fellow travellers, staff, Service Providers, local communities, property and the environment.

Apollo Voyages Pvt. Ltd and/or a Service Provider may terminate or restrict a traveller’s participation in a tour where the traveller:

behaves abusively, violently or unlawfully;

poses a safety risk to themselves or others;

causes substantial damage to property;

repeatedly fails to follow reasonable instructions;

materially disrupts the tour or other travellers; or

breaches applicable laws or Service Provider rules.

In such circumstances, the traveller may be responsible for any resulting costs, including transportation, accommodation, compensation, damage, legal expenses or other reasonable expenses.

No refund will ordinarily be payable for unused services resulting from termination caused by the traveller’s conduct, subject always to applicable law.

  1. Accuracy of Information

Apollo Voyages Pvt. Ltd endeavours to ensure that information relating to itineraries, destinations, hotels, transportation, activities, prices and other travel services is accurate at the time it is published or communicated.

However, travel information may change due to circumstances outside our control.

Photographs, descriptions, star ratings, maps, distances, room descriptions, facilities and other information may be provided by Service Providers or third parties and may change from time to time.

Apollo Voyages Pvt. Ltd does not guarantee that every facility, amenity, attraction or service described will remain available throughout the traveller’s stay.

  1. Website and Technical Limitations

Apollo Voyages Pvt. Ltd makes reasonable efforts to maintain the availability and accuracy of its website and digital services. However, we do not guarantee that the website will always be uninterrupted, error-free, secure or available.

To the extent permitted by law, Apollo Voyages Pvt. Ltd shall not be responsible for losses arising from:

temporary website unavailability;

technical failures;

internet or telecommunications failures;

malware, viruses or other harmful technology;

unauthorised access outside our reasonable control;

errors caused by third-party systems; or

delays or failures in electronic communications.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, Apollo Voyages Pvt. Ltd shall not be liable for any indirect, incidental, special, exemplary or consequential loss arising out of or in connection with a booking or tour, including loss of profits, loss of business, loss of opportunity, loss of enjoyment, loss of anticipated savings or other similar economic loss.

Where Apollo Voyages Pvt. Ltd is legally liable for a loss arising from a service arranged by us, our liability shall, to the maximum extent permitted by applicable law, be limited to the amount actually paid to Apollo Voyages Pvt. Ltd for the affected service giving rise to the claim.

Where the relevant loss is attributable to a third-party Service Provider, the traveller’s recovery may be limited to the amount actually recovered from that Service Provider or otherwise available under the applicable terms governing that service.

Nothing in this Policy shall exclude or limit liability for matters that cannot lawfully be excluded or limited under applicable law.

  1. Exclusions from Liability

To the extent permitted by applicable law, Apollo Voyages Pvt. Ltd shall not be responsible for loss or damage arising from:

the acts or omissions of the traveller;

inaccurate information or instructions supplied by the traveller;

failure by the traveller to comply with travel or safety requirements;

failure to possess required travel documents;

visa or immigration decisions;

the acts or omissions of independent Service Providers;

Force Majeure Events;

changes imposed by government or regulatory authorities;

delays or cancellations by carriers;

theft or loss of personal belongings;

participation in activities involving inherent risks;

pre-existing medical or health conditions;

events occurring after the traveller has independently departed from the agreed itinerary; or

any other circumstance beyond Apollo Voyages Pvt. Ltd’ reasonable control.

  1. Traveller’s Responsibility to Mitigate Loss

Travellers are expected to take reasonable steps to minimise any loss or additional expense that may arise during a trip.

Where a problem occurs, travellers should promptly notify Apollo Voyages Pvt. Ltd or the relevant Service Provider so that a reasonable opportunity is available to investigate and, where possible, rectify the issue.

Failure to promptly report a problem may affect Apollo Voyages Pvt. Ltd’ ability to investigate or resolve the matter.

  1. Claims and Complaints

Any complaint relating to a tour or service should be reported to Apollo Voyages Pvt. Ltd as soon as reasonably possible, preferably while the traveller is still on the trip, so that we have an opportunity to investigate and attempt to resolve the matter.

Complaints should be submitted in writing with relevant supporting documents, booking references, photographs, receipts and other evidence where applicable.

Where a claim concerns a third-party Service Provider, Apollo Voyages Pvt. Ltd may require the traveller to provide the relevant Service Provider’s documentation or claim reference.

Nothing in this section limits any statutory rights available to a consumer under applicable law.

  1. Indemnification

To the extent permitted by applicable law, the traveller agrees to indemnify and hold harmless Apollo Voyages Pvt. Ltd, its directors, employees, representatives and agents from claims, losses, damages, costs and reasonable expenses arising directly from:

the traveller’s breach of these Terms;

the traveller’s unlawful conduct;

intentional or negligent acts of the traveller;

damage caused by the traveller to property or persons; or

false, inaccurate or misleading information supplied by the traveller.

This indemnity shall not apply to the extent that the relevant loss was caused by the negligence, wilful misconduct or other legally attributable act or omission of Apollo Voyages Pvt. Ltd.

  1. No Waiver of Statutory Rights

Nothing in this Policy is intended to exclude, restrict or waive any right, remedy, protection or liability that cannot lawfully be excluded, restricted or waived under applicable law.

Where any provision of this Policy is found to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

  1. Governing Law and Jurisdiction

This Policy and any dispute arising out of or relating to services provided by Apollo Voyages Pvt. Ltd shall be governed by the laws of India, subject to any mandatory consumer protection or other applicable laws.

Subject to applicable law, disputes shall be subject to the jurisdiction of the courts and/or competent authorities having jurisdiction over the registered office of Apollo Voyages Pvt. Ltd. in New Delhi.

  1. Amendments

Apollo Voyages Pvt. Ltd reserves the right to amend or update this Policy from time to time.

The version applicable to a booking shall ordinarily be the version in effect at the time of confirmation of that booking, unless a change is required by law or expressly communicated and agreed otherwise.

  1. Contact

For questions, complaints or claims relating to this Policy or your booking, please contact:

Apollo Voyages Pvt. Ltd

36, Yashwant Place, Chanakyapuri,
New Delhi – 110021 (India)
Phone +91 11 2467 7515
htttps://www.apollovoyages.com

Important Notice: This Policy is intended to provide general information regarding the allocation and limitation of responsibility in connection with Apollo Voyages Pvt. Ltd’ travel services. It should be read together with Apollo Voyages Pvt. Ltd’ Booking Terms & Conditions, Cancellation & Refund Policy, Privacy Policy and any specific terms applicable to an individual tour or service.

Where the terms applicable to a particular booking conflict with this Policy, the specific booking terms shall prevail to the extent permitted by applicable law.