Freedom Terms & Condition – Applies as of 18/02/2023
Application Between:
Companies : Freedom Tourism Limited (NZ)
Freedom Tourism PTY Limited (AU)
Freedom Tourism Limited (INDIA)
All Referred as “FREEDOM”, “WE”, “US”, “OUR”, “FREEDOM TEAM”
& Other Parties: : Travel Agent(s)
Tour Operator(s)
Independent Traveler(s) booked with Freedom Directly or
A Tour Leader of any Group of People Travelling Together
An Authorized Personnel of Private Company/Association
All Referred as “Client”,”You”,”Your”
Application to:
Document Type : Quote/Estimate/Travel Advise of any kind
Holding/Bookings – Refundable/Non-Refundable
Invoice/Credit Note/Refund Calculation
Written Commitment by Freedom Team
Freedom Website/Social Media or Public Advertisements/Mailers
Travel Document,Voucher Produced by Freedom or any of “Services” our SUPPLIERS
Referred as “Document” in this Terms & Condition
Services: : Itinerary Planning/Advise of any kind related to Tour
Car/Shuttle of all Kinds
Private Tour with or Without Driver of all kinds
Group Tour Operated by Freedom or on Behalf of Travel Agent
Activities & Experiences
Restaurant/Meal Supplier of any kind’s incl Chef/Cook Services
Sightseeing Location & Recommendations (Paid/Free)
Visa/Insurance Recommendations
Any other kinds of Advice/Booking/Recommendation for your Tour
Referred as “SERVICES” in this Terms & Condition Document
1. Law: These terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction in respect of all matters between us.
2. Our Rule
- We act as an “AGENT” for all our SUPPLIERS & Facility Providers mentioned in our “Document”
- We DO NOT own/operate any of the Services unless specified in writing by us and Terms & Condition for such Product/Services will be attached separately, over and above this Terms & Condition.
- WE encourage “Client” to review all publicly available information, Health & Safety guidelines for all the “Services” specified in “Document”.
- We have no control over, or liability for, the Services provided by Suppliers. We do not make any representations or warranties whatsoever in relation to the Services (including their commitment of quoted/estimated/communicated/confirmed booking & services mentioned, nature, content, quality, timeliness, legal compliance or fitness or suitability any particular purpose or customer). Your legal rights in connection with the Services (including any failure to provide the Services) are against the relevant Supplier and, except to the extent a problem is caused by fault on our part, are not against us.
- All bookings for Services made by us are subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the relevant Supplier(s). Supplier terms and conditions for the Services should be requested from the relevant Supplier.
- You acknowledge that we may receive and retain a commission, rebate or other remuneration or benefit from Services bookings/change/cancellations. We are not required to disclose to you the nature or amount of, nor account to you for, any such remuneration or benefit. Any verbal/written communication by any such “Services” suppliers with regards to your bookings/change/cancellation’s terms, price, nature, refund, credit DO NOT warrant you to demand such benefits from Freedom. It is Freedom agreement between us and our suppliers of “Services” we offering and does not make you eligible for any such benefits in full or part in any financial form including offsetting against any your unpaid invoices, future invoices and/or new refund/credit.
3. Our Process & Service Charges
Step |
What Freedom Will Provide ? |
Service Charge |
1 |
Step Tour Planning Advice Session(s) – Maximum of 30 Minutes (In Person/Digital Communications) |
FREE |
2 |
First Quotation/Estimate Summary based on your Requirement discussed in Step 1 |
FREE |
3 |
Day wise Itinerary & Costing Estimate, Followed by Sending Availability Request once estimate is accepted in writing. Chargeable at Freedom’s Discretion Only at any stage between 1 to 8 |
$140 Non - Refundable, Covers up to Step 8 |
4 |
Final Itinerary & Pricing based on Current Availability. Freedom Team will notify any holding fee and/or non-refundable fee required for particular services. Most services are available for 72 Hours only. |
FREE |
5 |
Once step 4 is approved by You, Freedom generates invoice with Deposit Date, Final Due. No Services is booked and prices are not guaranteed at this stage. At this stage we can issue you Visa Letter. |
FREE |
6 |
Any major amendments after invoice issued are chargeable $50/amendment or at Freedom’s discretion whichever is higher by the nature of changes and administration involved. |
Non-Refundable Min $50/per amendment |
7 |
Once Payment is received in Freedom Bank Account as cleared fund we start Booking Process. Freedom Notifies any changes in availability and pricing at this stage. Itinerary changes by FREEDOM may require to accommodate various services |
FREE |
8 |
Freedom Issues Amended Invoice, Final Travel Documents & Travel Advice if any specific instructions. Final Invoice is payable as per Due Date. |
FREE |
9 |
Guest On Route Care: All Admin Errors & Emergencies will be attended by our Help Line. Look for your Vouchers for Local Phone Numbers. Standard Terms & Condition Applies to all Old and New Bookings. Supplier charges for changes are always extra. |
FREE |
4. General Exclusions (Unless specified in writing by Freedom)
- Domestic & International Flights
- Meal of any kind. Some supplier may have Seafood, Non-Veg, Special Meal’s extra charges
- Insaurance
- Visa
- Airport or other Levies payable by Travelers
- Security or Bond Payable by Travelers while check-in/hire of car/equipment
- Specific Type of Hotel Rooms or Facilities in Room eg Ground Floor, Adjoined Rooms, Lift, A/C
- FOC Accommodation & Services
- Specific Make, Year & Model Car
- Leisure Day Vehicle & Driver Service
- Specific Language Speaking Driver
- Tips, Porterage or any other Supplier’s unknown Charges
- Event & Holiday Surcharges
- Chef/Cook, Kitchen and/or Grocery
- Coach with on-board Toilet Facility
- Any Expenses of traveler’ personnel nature or choice not permitted by “services” provider
- Any other equipment/services not mentioned in document
5. General Rules of Bookings (Unless specified different in writing by Freedom)
- We recommend you read Freedom’s Guest Guide from our website as basic reference. Rules, Penalties listed on the guide are limited example and may varied from suppliers of each Services. You are encouraged to check with supplier your specific needs prior to bookings are made.
- Rental vehicle is for 24 hours hire and additional day may be charged at supplier’s discretion. We may supply your rental vehicle as part of your Tour booked with us. Separate Vehicle T&C will apply in addition to general terms and condition. We may require you to sign a consent form with valid credit card to be charged for any unusual event/charges while driving freedom’s vehicle.
- Standard Insurance is included with various excess amount. GPS, Child Seat and other facilities may cost extra.
- Own name Credit Card with min $3,500, 25 Year of age and Own English Language License is mandatory.
- Private Vehicle Driver’s maximum driving time is 12 hours from start of the day till transfer to dinner location. All transfers are point to point as mentioned in itinerary. Porterage services may be requested but it’s not mandatory given.
- Cleaning, Damages of any kind, Smoke/Smell Removal, Service Call due to Wrong Fuel, Vehicle kept running and battery flat etc charges may be application for car/private transfer vehicle.
- Private Driver do not act as a Tour Guide or responsible for handling luggage.
- No hotel and/or specific hotel/pickup/drop off is available for intercity/tour operator’s transfers. Various suppliers operates on their specific pickup/drop off route/location and on time.
- For all SIC/Shuttle/Tour Bus allow 20 min after the booked time due to traffic or unusual circumstances delay
- All Meals are booked as Generic Breakfast/Lunch/Dinner provided by supplier. Items of each food category may differ between suppliers
- Freedom operated Group Tour with/without chef will/may provide 1-2 Indian Items in Breakfast, 2 Item Lunch & Set Dinner menu based on various day, planned/prepped by our Chef or at Indian Restaurant/Hotel subject to Hotel/Restaurant permission at particular location/city. Local food items and/or Picnic/Cruise/On Board Lunch/Dinner may require based on day planning. Freedom does not guarantee all meal will be suitable to all guests and substitutes may not be available. Freedom will make sure all menus are planned for generic/specific guest’s nature/need/preference however availability of ingredients/facilities/itinerary may require planned/last minute changes due to unavoidable circumstances. No refund/compensations is provided for any missed meals for any reasons whatsoever.
6. Prices & Payments
- Price Changes with Tour Person changes.
- Full or Part Payment of a Deposit and/or Invoice is acceptance and understanding of these conditions
- All prices mentioned in quote/estimate/booking process are subject to availability and can be withdrawn or varied at any time without notice, including due to currency fluctuations, surcharges, taxes and other governmental charges and Supplier and third party tariff increases
- Tour Cost GST is included for NZ, Australia, Fiji and any other country we have organized tour for. Bank Charges, Credit Card Charges, Forex Variances and any other admin or service charges are to be paid by Client and GST will be added on those charges.
- Any direct payments required by various countries legislation is to be payable by client such as Airport Tax.
- All payments are only considered as paid once cleared fund is available in FREEDOM account. Travel Agent and Credit Card approved, remitted money in transfers are not considered as cleared available Freedom payment.
- All relevant Tax in India will be charged in addition to tour cost. Relevant forex conversion rate, reasonable average bank charges will be added and payable by client. Admin or any other kind of service fee may be charged at freedom’s discretion.
- Tax Collection at Source (TCS) at the rate of 5.00% will be levied under section 206C(1G)(b) of the Income Tax Act on outbound tour services. The TCS collected will be reflected in the 26AS of the passenger in whose name invoice is raised (Lead passenger) for claiming Income Tax credit, irrespective of the person from whom payment is received. Hence the name of the person on the invoice (Lead Passenger) should be reconfirmed at the time of booking the tour package. In the event of cancellation of services and refund of amount, Tax collected at source under section 206C(1G)(b) of the Income Tax Act, 1961 shall not be refunded. The non-refunded TCS will be reflected in the 26AS of the passenger in whose name invoice is raised for claiming Income Tax credit.
- In case PAN is not provided TCS@10% will be applicable. However as per RBI guidelines, collection of PAN card details has been mandatory for all international bookings. So, please share your PAN card details in next steps to proceed with the booking
- LRS / PAN :-
- The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by Freedom Tourism either at the time of booking or after the booking is made. In case the traveler is a minor, Freedom Tourism will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
- The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
- The User authorizes Freedom Tourism to share User/traveler data with third party (ies) for collecting or verifying PAN details of User/traveler.
7. Services Amendments, Cancellation & Refunds
- We, or Suppliers, may amend or cancel confirmed or quoted bookings from time to time: (a) to correct errors;(b) if you fail to comply with your obligations under these terms or any applicable Supplier terms and conditions;(c) for reasons outside our (or the Supplier's) control (including as a result of governmental or third party acts or omissions, accidents, epidemics and pandemics, adverse weather conditions and other "acts of God", industrial action, emergency or equipment/vehicle break down); or(d) as otherwise required by Suppliers (including if any minimum booking numbers are not achieved or short of staff to operate services safely within their standard and legal requirements). We will notify you as soon as practicable after we become aware of any cancellation of, or what we consider to be significant changes to, your bookings.
- If any significant change is made by us or a Supplier for reasons other than those referred to in “7a” above, you may either accept the change or request a cancellation and/or a re-booking of alternative Services. We will endeavor to accommodate your request, subject to the consent of the applicable Supplier(s).
- If you want to amend or cancel the booking for any reason,
- You must request such an amendment or cancellation prior to the cancellation date/service timing. All on-route changes must be notified 72 hours in advance.
- We will do our best to facilitate your request, but changes and/or refunds may not be allowed by the relevant Supplier either at all or in a timely fashion.
- In many cases Services booked will be non-transferable, non-refundable, and unable to be amended. In addition we may charge our own fees to attend to any amendment or cancellation request on your behalf.
- We recommend you allow at least 72 hours for us to check and advise you on any amendment request and to cancel and re-book. However, the price and availability of Services may have changed.
- Subject to Supplier terms and conditions, where you do not attend or are late or not followed pickup/drop off instructions are to be considered not to have attended booked Services then a cancellation fee of 100% of the prices paid for the Services will apply. You will be liable for any cancellation or amendment fees or charges imposed by the relevant Supplier, together with our applicable service fees.
- Refunds are not available on any unused services.
- Any refunds/credit notes are to be given after deducting forex variance, bank charges, credit card charges, admin & cancellation fees if any. Refunds/Credit Notes are given within 30 working days of tour finish date with possible delay may happen by various services supplier involved. We will write to you in such case.
8. Cancellation
- More than 45 days - Loss of deposit if any
- 44-30 Days – 50% of total price
- 29-7 Days - 75% of the total price.
- Within 7 days - 100% of the total price
- Certain Services, such as luxury accommodation, private transfer, car rentals may have different payment or cancellation terms and these will be advised at time of booking
- We reserve the right to cancel/change/merge any Tour prior to the departure, without assigning any reason. Under such circumstances amount paid by you will be refunded forthwith after deducting the actual expenses incurred by us like Visa, Travel Insurance, Administration Fee etc. but no compensation or interest is payable. All Refunds shall be given in the same mode of payment made to us.
- Transfer from one Tour to another Tour may be possible with change in prices, subject to availability and first come first basis. Cancellation charges for initially booked tour may be applicable along with min. $180/person administration fee.
- BORDER RESTRICTION 100% REFUND GUARANTEE: Freedom will 100% refund all services excluding non-refundable services, deposit/invoice payments, admin fee in unfortunate event where Guest can’t Travel due to Border Restriction imposed by Government in any Departure or Arrival Country/City. Within 7 Days of Trip Cancellation, Same Way How You Have Paid Freedom, We will Refund your payment excluding any bank and forex variance/charge.
9. General
- Pre-Travel Requirement: You acknowledge and agree that it is your responsibility to: check and ensure the accuracy and completeness of all documents incl. final travel documents, voucher; arrange travel insurance and any visa requirements; passport with min. 6 month’s validity, own name credit card with sufficient fund, and understand and comply with any applicable health law (including any vaccine or testing requirement).
- We strongly recommend that your travel insurance includes cover for cancellation for any reason, including travel disruptions.
- You must not participate in any Services if you have any symptoms of any transmittable disease regardless of the results of any medical test.
- It shall be the Duty of the client to inform us in case the Client has any medical condition that may affect his ability to enjoy and pursue any services and wherein the interest of the Group or any member thereof is prejudicially affected.
- We reserve the right to ask the Client to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed, we will not be liable to provide any assistance or money back. Freedom is not liable for any implications to the rest of the group travelling with.
- Privacy: We may collect, store, use and disclose "personal information" in accordance with the applicable Data Protection Laws and our Privacy Policy. You consent us for the use of your tour photograph/video in our marketing material. No Compensation/Reward is claimed for such marketing. You must write us prior to your tour start for non-acceptance of this clause.
- Liability: Freedom does not accept any legal liability or damage including death, injury, delay, loss of any nature, additional expenses or inconvenience howsoever caused to property or the passenger for himself and his executors, administers and dependents expressly renounces all claim against Freedom in respect thereof, whether the same may be due to negligence, misconduct, act of omission, default or failure on the part of Freedom or not.
- Freedom will be not responsible or liable (for damages, refund or otherwise) for (but not limited to): mechanical breakdowns, government actions, weather, acts of God, strikes, disease, epidemic, compulsory quarantine or other services beyond its control; The failure of the client to obtain the correct and required documentation (eg, passports, visas, health certificates, any property); The failure of the client to follow instructions, including but not limited to check in, check out and departure places and times; The delay of, loss of or damage to participants baggage or its contents regardless of whether check with any carrier, provider of accommodation or otherwise.
- Freedom reserves the right to amend, make variations to or cancel tours, accommodation or other services and facilities advertised. All prices are subject to alteration at the absolute discretion of Freedom.
- In event of an incident/accident happened to one or many guest(s) in group tour(s), due to any reasons, Freedom Tourism cannot take cancellation/refund liability of rest of the group members.
- PRINTED and/or DIGITAL MEDIA ACCURACY: All information given in any Freedom Tourism Limited’s media is based on the information available at the time of publication. All errors and omissions exempted. We reserve the right to change any information before or after your booking the Tour due to any events beyond our control.
- Our Marketing Communications: We may send you emails and other electronic newsletters and communications relating to Services and Suppliers. These electronic communications will contain instructions for how you can unsubscribe from the mailing list.
- Amendments: We may amend these terms from time to time by publishing amended Terms on our website. New updated Terms are applicable from the date of issue and supersedes all previous terms & conditions offered by Freedom.
- Entire agreement: These terms, including any other booking terms and conditions published on our website or notified to you from time to time, together with any applicable Supplier terms and conditions, apply to the exclusion of all other terms and constitute the entire agreement between us with respect to the Services.
- Waiver: No delay or failure by us to exercise our rights under these terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
- Severability: If a court decides that part of these terms is unenforceable, the part concerned shall be deleted from the rest of these terms, which will then continue in force.
- Complaints & Invoice Disputes: Complaints must be lodged in writing to same email thread you have been communicating with for your tour. Freedom will make sure to attend to the complaint within 72 hours for positive resolutions. Paid Invoices Disputes must be lodged in writing within 30 days of first payments only. Any unpaid invoice may be imposed min. Interest of 1.5% per month at freedom’s discretion until invoice and imposed interest fully paid. No Disputes can be accepted until invoice is fully paid.