TERMS AND CONDITIONS
1. Introduction
Welcome to The Travellers (“Company”). These Terms and Conditions (“Agreement”) govern the contractual relationship between the Company and the individual or entity (“Customer,” “Client,” “You,” “Your”) who purchases or participates in any travel-related services provided by the Company, including but not limited to tours, treks, camps, events, transportation, accommodation, and other related services (“Services”). By booking, purchasing, or participating in any Service provided by the Company, You acknowledge that You have read, understood, and agree to be legally bound by these Terms and Conditions. The Company reserves the right to update, modify, or amend these Terms and Conditions at any time without prior notice.
2. Definitions
- Company: Refers to The Travellers, its subsidiaries, affiliates, employees, agents, and representatives.
- Customer: Refers to any individual, group, corporation, or entity that purchases, books, or participates in the Services provided by the Company.
- Service(s): Refers to any travel-related service, including but not limited to tours, treks, camps, events, accommodations, transportation, and any other related services provided by the Company.
- Booking: Refers to the confirmed reservation of any Service provided by the Company, as evidenced by a booking confirmation issued by the Company.
- Third-Party Provider: Refers to any independent contractor, service provider, vendor, or supplier engaged by the Company to assist in the provision of the Services, including but not limited to hotels, transport companies, guides, and local operators.
- Force Majeure: Refers to events beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, government actions, pandemics, or other unforeseeable events.
3. Eligibility and Acceptance of Terms
- 3.1 Eligibility: The Services offered by the Company are intended for individuals who are legally capable of entering into binding contracts under Indian law. By booking or participating in any Service, You represent and warrant that You meet these eligibility requirements.
- 3.2 Acceptance: By making a Booking, You accept these Terms and Conditions in full. If You do not agree with any part of these Terms and Conditions, You should not book or participate in any Service provided by the Company.
4. Booking Process
- 4.1 Booking Confirmation: All Bookings must be made through the Company’s official website, authorized agents, or via direct communication with the Company. A Booking is considered confirmed only after the full payment has been received by the Company and a Booking confirmation has been issued.
- 4.2 Payment: Payment for the Services must be made in full at the time of Booking, unless otherwise agreed upon in writing by the Company. The Company accepts various payment methods, including credit cards, debit cards, bank transfers, and other electronic payment methods. All payments must be made in Indian Rupees (INR).
- 4.3 Non-Refundable Policy: All payments made for Bookings are non-refundable under any circumstances. This includes, but is not limited to, cancellations, changes, no-shows, or other similar occurrences. The Company strongly recommends that Customers purchase comprehensive travel insurance to cover any potential losses.
- 4.4 Pricing: The prices for Services are quoted in Indian Rupees (INR) and are subject to change without notice until a Booking is confirmed. The Company reserves the right to correct any pricing errors that may occur and to adjust the final price accordingly. Any additional charges, such as taxes, surcharges, or fees imposed by Third-Party Providers, will be borne by the Customer.
5. Customer Responsibilities
- 5.1 Compliance with Laws: The Customer agrees to comply with all applicable laws, regulations, and guidelines while using the Services. This includes, but is not limited to, local laws in the destination country, customs regulations, and immigration laws. The Customer is responsible for obtaining and carrying all necessary travel documents, including passports, visas, and health certificates. The Company is not liable for any costs or consequences arising from the Customer's failure to secure the necessary documents.
- 5.2 Health and Fitness: The Customer must ensure that they are in good health and physically capable of participating in the selected Services. The Customer must inform the Company at the time of Booking of any medical conditions, disabilities, or special requirements that may affect their participation. The Company reserves the right to require the Customer to provide a medical certificate or other documentation to verify their fitness for the trip. The Company may refuse Service to any Customer who, in its opinion, is unfit to participate without liability for any costs or damages incurred.
- 5.3 Conduct: The Customer is expected to behave in a respectful and considerate manner during the trip. Any conduct that is disruptive, dangerous, or offensive may result in the Customer being removed from the trip without refund or compensation. The Customer is responsible for any damage, loss, or injury caused to property, equipment, or third parties during the trip. The Customer agrees to indemnify and hold harmless the Company from any claims, damages, or expenses arising from such conduct.
6. Itinerary Changes and Modifications
- 6.1 Changes by the Company: The Company reserves the right to modify or change the itinerary, accommodations, transportation, or other aspects of the Services at any time before or during the trip. Such changes may be necessary due to factors beyond the Company's control, including but not limited to weather conditions, safety concerns, or the availability of Services. The Company will make reasonable efforts to provide an equivalent or better alternative in the event of significant changes. The Customer agrees that such changes do not constitute a breach of contract and that the Company is not liable for any inconvenience or loss caused by these changes.
- 6.2 Changes by the Customer: Any requests for changes to a confirmed Booking must be made in writing and are subject to the Company's approval. The Company will make reasonable efforts to accommodate such requests, but cannot guarantee that changes will be possible. If changes are approved, the Customer may be required to pay additional fees or charges associated with the modification. The Company reserves the right to decline change requests that may disrupt the trip or affect other customers.
7. Cancellation and Refund Policy
- 7.1 Cancellation by the Customer: All cancellations by the Customer must be made in writing and are subject to the Company’s non-refundable policy. Once a Booking is confirmed and payment is received, the Booking is non-refundable under any circumstances, including cancellations, changes, or no-shows. The Company strongly advises Customers to purchase comprehensive travel insurance to cover any potential losses.
- 7.2 Cancellation by the Company: The Company reserves the right to cancel a trip or Service at any time before departure due to insufficient participation, force majeure events, or other unforeseen circumstances. In such cases, the Company will offer the Customer a full refund or an alternative trip of equal value, at the Customer's discretion. The Company is not liable for any additional costs or losses incurred by the Customer as a result of such cancellations, including but not limited to non-refundable airfare, accommodation, or other expenses.
8. Liability and Indemnification
- 8.1 Limitation of Liability: The Company acts as an intermediary between the Customer and Third-Party Providers (e.g., hotels, transport companies, guides) and is not responsible for any acts or omissions of these providers. The Company’s liability is limited to the amount paid for the Booking and does not extend to any indirect, consequential, or incidental damages. The Company is not liable for any loss, injury, death, or damage arising from the Customer's participation in the Services, except in cases of gross negligence or willful misconduct by the Company.
- 8.2 Indemnification: The Customer agrees to indemnify and hold harmless the Company, its employees, agents, and representatives from any claims, damages, losses, or expenses (including legal fees) arising out of or in connection with the Customer's participation in the Services, including but not limited to claims related to personal injury, property damage, or breach of these Terms and Conditions.
- 8.3 Waiver and Release: The Customer acknowledges that participation in the Services involves inherent risks, including but not limited to physical injury, illness, or death. By booking a Service, the Customer voluntarily assumes all risks and agrees to release and discharge the Company from any and all claims, liabilities, or damages arising out of or related to the Services.
9. Insurance
- 9.1 Travel Insurance Requirement: The Customer is required to obtain comprehensive travel insurance that covers trip cancellations, medical emergencies, personal injury, loss or damage to property, and other risks associated with travel. The insurance must be valid for the entire duration of the trip and must cover all activities included in the Service. The Customer must provide proof of insurance to the Company upon request. Failure to obtain or provide proof of insurance may result in the cancellation of the Booking without refund.
- 9.2 Company Insurance: The Company maintains liability insurance coverage as required by Indian law. However, this coverage is limited to the Company's legal obligations and does not extend to risks or losses incurred by the Customer.
10. Third-Party Providers and Services
- 10.1 Independent Contractors: The Company may engage Third-Party Providers, including but not limited to hotels, transportation companies, guides, and activity operators, to assist in delivering the Services. These providers are independent contractors and not employees or agents of the Company. The Company is not responsible for any acts, omissions, or negligence of these Third-Party Providers, nor does the Company make any warranties or representations regarding the quality, safety, or reliability of their services.
- 10.2 Customer Responsibility: The Customer is responsible for complying with the terms and conditions of Third-Party Providers and for resolving any disputes directly with the provider. The Company will assist in facilitating communication with Third-Party Providers but is not liable for any disputes or issues that may arise.
11. Force Majeure
- 11.1 Definition: The Company is not liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, government actions, epidemics, pandemics, or other force majeure events.
- 11.2 Effect of Force Majeure: In the event of a force majeure event, the Company may suspend, cancel, or modify the Services without liability. The Company will make reasonable efforts to provide alternative arrangements, but the Customer acknowledges that such arrangements may not be possible or may involve additional costs. The Customer agrees that force majeure events do not entitle them to refunds, compensation, or any other claims against the Company.
12. Governing Law and Dispute Resolution
- 12.1 Governing Law: This Agreement is governed by and construed in accordance with the laws of the Republic of India. The Customer agrees that any legal action or dispute arising out of or in connection with this Agreement shall be brought exclusively in the courts of Mumbai, Maharashtra.
- 12.2 Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties shall first attempt to resolve the matter through good-faith negotiations. If the dispute cannot be resolved amicably, the parties agree to submit the matter to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Mumbai, Maharashtra, and the language of the arbitration shall be English. The arbitral award shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction.
13. Miscellaneous Provisions
- 13.1 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect.
- 13.2 Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
- 13.3 Amendments: The Company reserves the right to amend or modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Company’s website. The Customer’s continued use of the Services after any changes constitutes acceptance of the revised terms.
- 13.4 No Waiver: The failure of the Company to enforce any provision of this Agreement shall not be construed as a waiver of the Company’s rights to enforce such provision in the future.
- 13.5 Assignment: The Customer may not assign, transfer, or delegate any of their rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to any affiliate or successor entity without the Customer’s consent.
14. Notices
- 14.1 Communication: Any notices or communications required or permitted under this Agreement shall be in writing and delivered by hand, courier, registered mail, or email to the contact information provided by the Customer at the time of Booking.
- 14.2 Effective Date: Notices shall be deemed effective upon receipt by the recipient. For email communications, notices shall be deemed effective upon confirmation of delivery, as evidenced by a delivery receipt or read confirmation.
15. Waiver of Liability for Activities
- 15.1 Adventure and Risk: The Customer acknowledges that certain Services provided by the Company involve inherent risks and dangers, including but not limited to treks, adventure sports, and outdoor activities. The Customer agrees to assume all risks associated with such activities, including the risk of personal injury, death, or property damage.
- 15.2 Release of Liability: The Customer agrees to release and hold harmless the Company, its employees, agents, and representatives from any and all claims, liabilities, or damages arising out of or related to the Customer's participation in such activities, whether caused by negligence, breach of contract, or otherwise.
16. Data Protection and Privacy
- 16.1 Data Collection: The Company collects, processes, and stores personal information provided by the Customer in accordance with its Privacy Policy. The Customer consents to the collection and use of their personal data for the purpose of providing the Services, including but not limited to processing payments, managing Bookings, and communicating with Third-Party Providers.
- 16.2 Data Security: The Company implements reasonable security measures to protect the Customer's personal information from unauthorized access, disclosure, or misuse. However, the Company cannot guarantee the absolute security of personal data and is not liable for any breaches or losses arising from unauthorized access.
- 16.3 Data Sharing: The Company may share the Customer's personal information with Third-Party Providers as necessary to deliver the Services. The Customer agrees to such sharing and acknowledges that Third-Party Providers may have their own privacy policies governing the use of personal data.
- 16.4 Right to Access: The Customer has the right to access, correct, or delete their personal information held by the Company. Requests for access, correction, or deletion must be made in writing to the Company's data protection officer.
17. Termination and Survival
- 17.1 Termination: The Company reserves the right to terminate this Agreement and cancel any Booking without notice if the Customer breaches any provision of this Agreement, engages in illegal or unethical conduct, or otherwise acts in a manner detrimental to the Company’s interests. Upon termination, the Customer will forfeit any payments made and will not be entitled to any refunds or compensation.
- 17.2 Survival: The provisions of this Agreement that by their nature are intended to survive termination, including but not limited to clauses related to liability, indemnification, data protection, and dispute resolution, shall continue to apply even after the termination of this Agreement.
18. Intellectual Property
- 18.1 Ownership: The Company retains all rights, title, and interest in and to its intellectual property, including but not limited to trademarks, logos, copyrights, and proprietary content. The Customer agrees not to use, reproduce, or distribute any of the Company's intellectual property without the Company's prior written consent.
- 18.2 License: The Company grants the Customer a limited, non-exclusive, non-transferable license to use its intellectual property solely for the purpose of participating in the Services. This license is revocable at any time at the Company's discretion.
19. Feedback and Complaints
- 19.1 Feedback: The Company welcomes feedback from Customers to improve its Services. Feedback may be provided through the Company's website, email, or other communication channels. The Company reserves the right to use, modify, and distribute any feedback provided by Customers without compensation.
- 19.2 Complaints: If the Customer has a complaint about the Services, they must notify the Company as soon as possible during the trip to allow the Company to address the issue. Complaints must be made in writing within 14 days of the trip's conclusion. The Company will make reasonable efforts to resolve complaints but is not obligated to provide refunds or compensation.
20. Contact Information
- 20.1 Contact Details: The Customer may contact the Company for any questions or concerns related to these Terms and Conditions or the Services provided. The Company’s contact information is as follows:
- Email: Thetravellers1206@gmail.com
- Phone: +91 727 623 1206