CONDITIONS OF CONTRACT AND WAIVER OF LIABILITYThis Master User Agreement constitutes a binding contract between you, the User, and The Adventure Gypsies with regard to the use of various services that are provided by The Adventure Gypsies.
The purchase of any travel and adventure activity services offered by The Adventure Gypsies [hereinafter referred as ‘TAG’] constitutes a contractual arrangement between TAG [First Party] and Client [hereinafter referred as ‘You’] [Second Party]. Booking of services with TAG represents your unconditional acceptance of the terms & conditions set out herein. These terms and conditions shall be binding on you upon booking all the travel & adventure activities with TAG.
Trekking, Hiking, Cycling, Mountain Biking, Camping, Wildlife Safaris, Peak climbing, Mountaineering, Photography workshops & all outdoor adventure activities in any geographical locations carries an inherent risk to life and property of both first & second Parties. TAG does its best to reduce the risks, discomfort and hazard to the best of their ability [within financial constraints], yet there are chances of accidents, mishaps and deficiency in service. Ergo, you must agree with these terms and conditions.
Please ensure that you read carefully and understand these terms prior to confirming your booking with us [TAG].
All the communication will be done through the email ID submitted by the user of the services [participant] in the registration form. TAG is not responsible for loss or delay of communication due to incorrect email ID submitted by the users [participants].
In case of change in email ID, TAG should be informed in writing to firstname.lastname@example.org at the earliest.
2. PAYMENT & BOOKING
We at TAG follow ‘first pay & then register’ policy. The tour fees can be paid by online Bank transfer OR Cash deposit.
Instruction for payment will be shared along with our tour itinerary OR in the event registration form. TAG at its sole discretion reserves the right not to accept any order placed by the user through the website without assigning any reason thereof. Any contract to provide any service by TAG until full tour fees towards the service is received from the user and accepted by TAG.
3. CANCELLATION & REFUND
If for some reason you wish to cancel your tour, an email intimation needs to be sent to email@example.com.
Cancellation requests are not taken over the phone. However, you can phone to check whether your cancellation has been processed. And charges are applicable as per our cancellation policy. Kindly refer our Cancellation Policy HERE.
4. HEALTH & FITNESS
TAG offers various outdoor activities that require varied levels of fitness. The level of difficulty can be based on extent of physical stress, the terrain, weather and season. Participants must be in good health and suitable physical condition to a particular activity in which he/she agreed to participate. It is vital that participants with medical problems make them known to us well before departure. All medical expenses will be the responsibility of the user [participant].
5. CANCELLATION OF THE TOUR BY ‘TAG’
TAG reserves the right to cancel any booking in which case user [participants] will be given a refund in full. However, 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 gear purchases, pre booked travel cost, visa, passport and vaccination charges, or departure, airport and airline taxes].
Personal travel insurance is not included in our tour package price. We strongly recommend that you buy your own travel insurance including cancellation insurance upon booking. TAG may require that a policy is held prior to departure. TAG will accept no liability for any damage, losses and expenses suffered by any client as a result of sickness, quarantine, weather conditions, war, strikes, riots or any other cause outside our control.
7. ITINERARY CHANGES / POSTPONEMENT OR DELAY
TAG will take every care to ensure that itineraries/trips are followed to the letter but circumstances beyond control may necessitate changes. In case of a change in routes, travel itineraries, transports and destinations, TAG will accept no liability but make arrangements for substitution of equal.
TAG may for any reason change the date of departure or conclusion of the tour, or it is possible that a route change, postponement or delay (either in relation to departure or to the duration of the trip) may become necessary due to inclement weather, snow and ice conditions, political restrictions or any other cause. In the event of a change, postponement or delay, users [participants] have no right to claim refund of the tour price (in whole or in part) or other compensation for any injury, loss or damage. Any extra cost arising from such circumstances like mentioned above paragraphs, shall be borne by you on the spot. Wherever possible TAG shall intimate you of such changes in advance or while on the trip.
8. RIGHT OF WITHDRAWAL/REMOVAL
TAG reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment and personal safety of other co-participants. TAG shall be under no liability to any such person.
9. WAIVER OF LIABILITY
I “the user” on availing TAG services, waive any and all claims I and/or my family or any person interested in me may now and in the future have against, and release from all liability and agree not to sue TAG and its management, officers, employees, guides, agents or representatives (collectively its staff) including but not limited to any persons hired/engaged by TAG for any personal injury, death, property damage or loss sustained by me as a result of my participation in a trip, tour, trek, cycling, hiking, camping, wildlife safari, nature walk, photography workshops including all outdoor & indoor adventure activities with them, due to any cause whatsoever, including without any limitation, negligence on the part of TAG and its staff/service providers or otherwise arising out of or in connection with any accommodation, transportation or other outdoor adventure activity services provided by TAG, or resulting directly or indirectly from acts of God, or breakdown in machinery or equipment used during the tour, whether provided by TAG or not. I am aware that the trip, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which may include: physical exertion for which I may not be prepared; weather extremes subject to sudden and unexpected change; remoteness from normal medical services; evacuation difficulties if I am disabled.
I understand that I should be in perfect health for undertaking this journey and have consulted my physician before coming on this trip.
I understand that TAG will not take responsibility for reimbursements in the event that I am unable to complete the trip due to sickness and/or other personal reasons.
I accept all the inherent risks of the proposed trip, tours or any adventure activities and the possibility of personal injury, death or property damage or loss resulting there from. I agree that if I suffer injury or illness, TAG, can, at my cost, arrange medical treatment and emergency evacuation service, as they deem essential for my safety. In entering into this Agreement, I am not relying on any oral, written or visual representations or statements by TAG or its staff or any other inducement or coercion to go on a trip, hence, only of my own free will. I confirm that I have read and understood the terms and conditions of contract and this Agreement and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors.
10. APPLICABLE LAW JURISDICTION
This agreement / Booking form shall be interpreted and subject to the laws for time being in force of the Republic of India. Any or all disputes, suits, or legal proceedings of any nature arising under the terms of this agreement/booking form, initiated against TAG must be brought in a court of competent jurisdiction within the territory of the courts at Bangalore, Karnataka, India.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.