Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for election of directors or other managing authority.

Country refers to: West Bengal, India.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AVIANA TRAVELS PVT LTD, Parijat Apartments, 1st Floor, 24/A Shakespeare Sarani, Theatre Road (Camac Street Crossing), Kolkata – 700017, West Bengal, India.

Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

The website refers to AVIANA TRAVELS PVT LTD, accessible from https://avianaholidays.com/.

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern your use of this Service and your agreement with the Company. All Service users' rights and responsibilities are outlined in these Terms and Conditions.

You must accept and comply with these Terms and Conditions to use the Service. These Terms and Conditions apply to all Service visitors, users, and others.

You agree to these Terms and Conditions by using the Service. You may not use the Service if You disagree with these Terms and Conditions.

You declare to be over 18. The Service is not for under-18s.

Use of the Service is also contingent on Your acceptance and compliance with the Company's Privacy Policy. We collect, use, and disclose Your personal information when You use the Application or Website. Our Privacy Policy also informs You of Your privacy rights and how the law protects You.  We recommend reading our Privacy Policy before using our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Booking and Payments

  • A booking is confirmed only upon receipt of a signed booking form and a non-refundable deposit.
  • The signing of the booking form confirms acceptance of these Terms and Conditions.
  • Payments must be made in accordance with the schedule.
  • Failure to make full payment may result in cancellation and forfeiture of amounts paid.
  • All payments must be made directly to AVIANA TRAVELS PVT LTD. Payments made to agents are not considered valid until received by the company.

Cancellations by the Client

  • All cancellations must be communicated in writing.
  • The following charges apply:
    • Booking amount: Non-refundable
    • 45+ days before departure: Booking amount + actual expenses
    • 44–30 days before departure: 50% of the tour cost
    • 29–15 days before departure: 75% of the tour cost
    • 14–0 days before departure: 100% of the tour cost
  • Visa rejection will be considered as cancellation.
  • No refunds for unused or partially used services.

Cancellations by the Company

  • AVIANA TRAVELS PVT LTD reserves the right to cancel or reschedule tours due to Force Majeure, including but not limited to acts of God, natural disasters, epidemics, strikes, war, government regulations, or any event beyond the Company's control.
  • In such cases, clients may opt for:
    • A substitute tour of equal value
    • A rescheduled departure date
    • A refund of payments made (excluding costs already incurred)

Refunds will be processed within 45 days, but without interest or compensation.

Refund Policy

  • Refunds (if applicable) will be made only after deducting applicable charges.
  • Refunds will be routed through the same travel agent for bookings made via agents.
  • Third-party refunds (airlines, cruises, overseas operators) may take 30–90 working days.
  • No refund for unutilized services such as missed meals, sightseeing, or hotel stays.


Travel Documents and Visa

  • Travelers must hold valid passports (minimum 6 months' validity), visas, and permits.
  • Visa issuance is at the sole discretion of the consulate/embassy. AVIANA TRAVELS PVT LTD is not responsible for delays or rejections.
  • Lost documents during processing will not make us liable, though we will assist in tracing them.
  • Service charges for visa applications are non-refundable.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

No matter what damages You may incur, the Company and its suppliers' total liability under these Terms and Your exclusive remedy for all of the above shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages (including damage for loss of profits, data or other information, business interruption, personal injury, loss of privacy) arising out of or in any way related to the Service, third-party software, or third-party hardware.

Some states do not allow the exclusion of implied warranties or limitation of responsibility for incidental or consequential damages, so the above limits may not apply. These states limit each party's liability to the extent allowed by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is offered "AS IS" and "AS AVAILABLE" with all flaws and defects and no warranty. To the maximum extent permitted by law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising out of course of dealing. 

The Company and its providers make no representation or warranty, express or implied, as to the operation or availability of the Service, or the information, content, materials, or products included thereon; that the Service will be uninterrupted or error-free; or that any information or content provided through the Service is accurate, reliable, or current.

The aforementioned exclusions and limitations may not apply to You in some jurisdictions because they do not allow the exclusion of certain warranties or limitations on consumer statutory rights. However, this section's exclusions and limitations will apply to the fullest extent permitted by law.

Governing Law

This Agreement and Your use of the Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree that any disputes, claims, or proceedings arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Kolkata, West Bengal, India. 

Subject to the foregoing, the courts in Kolkata, West Bengal, India shall have exclusive jurisdiction; however, the Company reserves the right, as its operations expand nationally or internationally, to designate a different seat of arbitration or jurisdiction within India by providing prior notice through an update to this Agreement.

Disputes Resolution

If You have any concern or dispute about the Service, You agree first to try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is content, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@avianaholidays.com

By visiting this page on our website: https://avianaholidays.com/contact-us/

By phone number: 033 40033870 – 75