Terms and conditions
The following are the terms and conditions that shall apply to all the bookings of participants. Over and above these terms and conditions, the participant shall also be bound by the technical conditions relating to the particular activity undertaken and which conditions are mentioned in the relevant schedules relating to the particular activity. The present terms and conditions along with the relevant schedules constitute the complete contract between the participant and adventuren.com and the same are binding on the participant and adventuren.com. The contract so constituted can be amended only by a writing duly executed by both the parties or as mentioned hereunder.
‘adventuren.com’ is a proprietary concern of Mr. Divyanshu Sharma and means and includes any firm and / or company and / or any other person for the time being having control over the working thereof.
‘booking’ means the booking of a seat by a participant for himself / herself and / or on behalf of someone else and the same is said to have been made when the proposal of the participant to participate in an activity is accepted by adventuren.com and becomes definite only from the date when adventuren.com sends a confirmation invoice or email after receipt of the fees as mentioned hereinafter and after scrutiny of the medical form of the participant (if applicable) by the service provider.
A ‘participant’ means and includes every person who makes a booking of one or more trip/s for one or more individuals through adventuren.com and also includes the individual/s who actually travels on the booking/s of trip/s so made. In case of minors and / or any other class of persons unable to give a valid and legal consent the term ‘participant’ means and includes their legal and / or natural guardian as per the Law for the time being applicable to them. Participants booking on behalf of minor and other group members shall be deemed as accepting terms and conditions on behalf of customers.
‘Website’ means and includes ‘www.adventuren.com’
A ‘service provider’ means and includes all the business associates of adventuren.com who will be actually conducting and / or organizing the concerned activity.
- Every participant agrees to and has read, understand and shall abide by these terms and conditions that govern all the aspects of the relationship between adventuren.com and the participant/s. By using the website the participant consents to be bound by these terms and conditions.
- All participant/s making a booking and / or undergoing a trip with adventuren.com shall be deemed to have understood and accepted these terms and conditions and shall be bound by them.
- The participant agrees to make full and correct disclosure of all the information as required by adventuren.com or any of their associates. In the event of any false information being provided to adventuren.com and / or its associates / service provider/s resulting in any loss to the participant, adventuren.com and / or any of its service provider then only the concerned participant will be responsible for the same.
- Participant understands that adventuren.com does not provide any of the services mentioned and is merely a meeting platform for the service providers to participants.
- There are no terms and conditions over and above the terms and conditions herein contained. . There may be some specific terms and conditions related to the selected activities and the same shall be binding with customer and the service provider. Any special request made by customer, even entertained by the service provider, shall stand null and void, if the same contravene the said terms and conditions with the Company.
- Adventuren.com reserves all rights to deny any participant from booking any of its trips without any cause.
- The fees charged by Adventuren.com does / does not include the other legal levies leviable like national park fees, camping charges, toll, permit fees, etc. The fee charged by Company is as per the inclusions given in the purchased activity. Any extra requirements or add on or any charges by government body or any local municipal corporations hall be borne by the customer.
- All fees displayed on the website are net fees receivable by adventuren.com and all charges while making final payment through the gateway in the form of bank charges, credit charges, etc. have to be borne and paid by the participant only.
- All participants are required to provide such medical information as adventuren.com may in consultation with the service provider deem fit and necessary. The participants are also bound to provide such other, further and detailed medical details as may be required by adventuren.com or the service provider from time to time.
- Participants with pre-existing medical conditions like heart problems, asthma, fits, etc. are required to disclose the same in detail to adventuren.com and also the concerned service provider well in advance.
- The discretion of the service provider in permitting a participant to participate in any particular activity shall be final and binding on the participant.
- In the event of there being a dispute between adventuren.com and the participant in regard to the participant’s physical or mental suitability and / or fitness for any particular trip and / or activity, the matter shall be referred to a medical professional at the expenses of the participant for his/her opinion. However, the discretion of adventuren.com to allow the participant to participate in any particular activity shall be final and binding.
- Participant understands that if he / she is suffering from any specific medical condition or illness the same may affect the success and enjoyment of the tour / all other participants and shall therefore abide by the decision of adventuren.com / service provider as the case may be.
PAYMENT, REFUND AND CANCELLATION:
- 100% fees are due and payable at the time of booking of a tour.
- All credit card, bank, etc. charges are to be borne and aid by the participant. The amount indicated is the net amount payable by the participant to adventuren.com.
- Immediately prior to the payment of booking fees the participant is required to download, fill and submit the medical form (wherever applicable) along with the booking amount.
- Adventuren.com will thereupon forward the application form along with the medical form and other documents to the concerned service provider. Within maximum 7 days from the receipt of the said service provider will either approve or disapprove the said application.
- Upon disapproval or rejection of any application, adventuren.com shall immediately, intimate the participant and within not more than 3 days from the date of receipt of the booking amount, and refund the entire amount to the participant/s without interest.
- If any participant books a seat and does not participate in the tour / activity, then the participant shall not be entitled for any refund irrespective of the fact whether the vacant seat/s were utilized by some other third persons or not.
If the participant cancels his / her / their seat/s, the following amount will be refunded s depending upon the number of days prior to which
- 45 days prior to departure – 100%.
- 30 days prior to departure – 75%.
- 15 days prior to departure – 50%.
- 7 days prior to departure – 0%.
- A participant may cancel the tour and in such case, he / she shall be entitled to refund as mentioned above.
- Cancellation implies cancellation of the tour itself due to any reason beyond the control of adventuren.com and / or the service provider. A tour itself may be canceled for various reasons like bad weather, political uncertainty, non-availability of transportation, porters, permits, permissions, etc. in case of any such cancellation policy of the adventure operator/vendor would be applicable.
- A tour can also be cancelled midway, like for example when the tour reaches say Darjeeling and all of a sudden there is a strike declared there due to the volatile political situation there, in such case, the participant/s will not be given any refund, the service provider may, in their own discretion, try and wait for some time to see whether the situation clears out if it does not, the service provider may decide to cancel or divert the tour. Diversion of any such tour if shall be subject to any additional the same will be a matter between the service provider and the participant and adventuren.com shall in no way be concerned with the same. It is clearly made to understand that once a tour departs / starts and then if there is any cancellation adventuren.com shall not be liable to make any refund because adventuren.com is a facilitator and much prior to the departure of any tour the necessary payments are already made by adventuren.com to the concerned service provider.
- Changes made by participant: A transfer from one tour to another can only be made more than 50 days prior to the proposed date of departure and if approved by adventuren.com. Any request for change or transfer from one tour to another will not be accepted after 50 days. In such a scenario the participant has to cancel the first booking and then book the other tour. All terms and conditions for cancelation of booking will apply. The participant can only transfer / change
In all situations, once the concerned activity has commenced the decision taken by the representative of the service provider being the leader or field in-charge present / in-charge of the concerned activity shall be final on all matters likely to endanger the safety and well being of the tour and the participants. The participant shall not be allowed to question the same.
ACCEPTING RISK & INDEMNITY & PARTICIPANT RESPONSIBILITY:
Participant understands that he or she will be visiting places where the political, cultural, geographical, etc. attributes present certain risks, dangers and physical challenges which are greater than those resent in his or her daily life. By booking travel / tour with adventuren.com, the participant acknowledges he / she has considered the said potential risks, dangers and challenges and expressly assumes the risks attendant to such travel conditions. The Participant is solely responsible for acquainting himself / herself with the local customs, weather conditions, physical challenges and laws, etc., at each stop along the itinerary.
The participant, whether Indian or foreigner, shall solely be responsible for clearance of all travel related documents (passport, permits, insurance, etc.) and shall keep the same handy and make available the same to the service provider / leader as and when necessary at all times during the continuance of the activity.
The service provider or adventuren.com shall not be responsible for any changes or cancellation of the tour or event that may happen due to any reasons beyond their control. Once the activity has begun, adventuren.com shall not be responsible for any refund of any money advanced by the participant and the participant may claim all amounts directly from the service provider.
Participant shall take adequate insurance as per rules. Adventuren.com provides online insurance which the user can avail at his own discretion, shall not be responsible for any untoward incident occurring due to uninsured undertaking of an activity by a user. Adventuren.com strongly recommends that necessary insurance should be taken by the participant. Where permissions are required from the IMF, obtaining necessary insurance is made mandatory in most cases.
DISPUTE RESOLUTION AND JURISDCICTION:
- All bookings (online and offline), for all purposes, shall be deemed to have been made within the City of Mumbai and courts in Mumbai only shall have exclusive jurisdiction to try, entertain and dispose of any disputes arising out of these terms and conditions.
- The maximum liability of adventuren.com for any reasons whatsoever is limited to the re-payment of the fees / commission received by it less the deductions in the form of cancellation, i.e., the maximum liability is limited to the gain derived by adventuren.com from the concerned participant/s.
- All activities are conducted by the respective service provider and adventuren.com has absolutely no say in the matter. As such any grievance regarding any deficiency or shortfall of any services has to be dealt by the participant directly with the service provider. Adventuren.com endures its best to empanel the best of the service providers, but adventuren.com does not warranty nor makes any representation or claims regarding the quality, accuracy or completeness of the information and / or claims made by the respective service providers.
- Adventuren.com acts only as a facilitator of services which are being offered and rendered by third party service providers who are in no way under any control of adventuren.com. in no circumstances shall adventuren.com be liable for the services provided by the service providers.
- At Adventuren.com we take all reasonable commercial efforts to ensure the background and reliability of the service providers and that the description and contents provided by the service providers is correct; but we do not take any responsibility for changes that occur due to any reasons or for any loss or damages suffered by any participant due to any information being incorrect or stale or otherwise. Adventuren.com is not a service provider and therefore does not control or can prevent any changer or events.
- In no event shall adventuren.com be liable for any direct or indirect loss, damage or injury resulting to any participant due to any reasons whatsoever relating to the usage of the website by a participant.
SUPPLIERS AND INDEPENDENT CONTRACTORS:
All services, being hotels, transportation services, actual activities on the field, etc. will be arranged by the service provider who may themselves engage services of local operators and / or contractors / sub-contractors. As per the understanding between adventuren.com and their associate service providers, the service providers shall at all times endeavor to appoint reputed and competent local operators / suppliers. Such local operators may limit or exclude their liability. The liability of adventuren.com shall not exceed the liability of its service provider vis-à-vis a local operator. Local laws and customs and practices will be relevant in assessing performance of the services provided by the service provider. All service provider work directly for the participant and adventuren.com is in no way concerned with the performance of any such service provider including the associate service providers of Accused and / or any other local service provider or operator engaged by an associate service provider. The same will be a separate principle to principle contract between the participant and the concerned service provider, either local or an associate service provider of adventuren.com. Any participant using any service or participating in any activity shall be deemed to have agreed and consented that adventuren.com shall not be responsible for any deficiency or negligence or alleged deficiency or negligence on the part of any such service provider.
In the event of any term or condition herein being declared by a competent court or by any change in legislation or for any other reason being declared to be null and / or void and / or unenforceable then is such an eventuality on the said term and / or conditions shall be deemed to have been removed here from and the rest of the terms and conditions herein contained shall remain valid and binding upon the participant/s.
SUCCESSORS AND ASSIGNS:
The terms and conditions herein contained shall be binding upon adventuren.com and the participants and their respective legal heirs, representatives, successors and assigns as per the Law for the time being in force in Mumbai.
The present terms and conditions are governed as per all Laws as applicable within the City of Mumbai or Thane and it shall be deemed that the
Adventuren.com respects the privacy of its clients / participants. Adventuren.com will provide personal information of any participant to suppliers, government authorities and service providers, etc. to enable the rendering of the services requested. Adventuren.com will do all that is reasonably within its power to protect the personal information of the participants.
IMAGES AND MARKETING:
Participant irrevocably agrees and authorizes adventuren.com and / or the service provider to take images, photos or videos of the participant during a tour or in relation to a tour and use the same for the business promotional purposes of adventuren.com or otherwise free of costs for all times to come.
REFUSAL OF SERVICE:
The right to participate in any tour is reserved and Adventuren.com reserves the right to refuse to provide any services to any participant without assigning any reason prior to the confirmation of booking.
AMEMDMENT TO THE TERMS AND CONDITIONS:
Adventuren.com reserves the right to unilaterally update and / or amend or delete any or all the terms and conditions herein contained without any notice to the participants / clients. It shall be the responsibility of the participant / client to keep themselves familiar with the same.