Terms of Service
Last updated: [1 March, 2018]
PLEASE READ CAREFULLY.
The The Indian Tourist Terms of Service (“Terms”) is a legal agreement between you and The Indian Tourist, d/b/a The Indian Tourist (“The Indian Tourist,” “we,” “us,” or “our”) that governs your interaction on www.TheIndianTourist.com (the “Site”) and your purchases and use of products and services made available through the Site. The term “you” refers to the customer visiting the Site and/or booking a reservation through us on the Site or through our service providers. By accessing or using the Site, making any reservation on the Site, or contacting any of our service providers to make a reservation, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any reservations through the Site or our service providers. We have the right to change the Terms at any time without notice, effective upon its posting to our The Indian Tourist website. Your continued use of The Indian Tourist shall be considered your acceptance to the revised Terms.
Use of the Site.
As a condition to using the Site, you warrant and agree that:
- You are at least 18 years of age;
- You have the legal authority to create a binding legal obligation;
- All information you provide on this Site is true, accurate, current, and complete; and
- You will use the Site in accordance with these Terms.
We retain the right, in our sole discretion, to deny you access to the Site, at any time and for any reason, including, but not limited to, for violating these Terms.
The content and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us. While you may make limited use of travel itinerary and related documents for travel or service reservations booked through the Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. You also agree not to:
- Use the Site or its contents for any commercial purpose;
- Make any false or fraudulent reservation; or
- Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
LINKS TO THIRD-PARTY SITES.
The Site may contain hyperlinks to websites operated by parties other than The Indian Tourist. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SERVICE PROVIDER TERMS.
Service providers may require you to agree to additional terms and conditions in connection with the products and services you purchase from them. Please read all additional terms and conditions carefully. You agree to abide by all additional terms and restrictions, including without limitation, availability, age and occupancy requirements, pet policies, policies on children, fares and other restrictions. You agree that any violation of any such terms and/or restrictions may result in cancellation of your reservation, forfeiture of costs and expenses in connection with your reservation, and being charged by The Indian Tourist for any costs we incur as a result of such violation.
It’s possible that your booking may be available when you place an order, but becomes unavailable prior to the date of the activity. If this occurs, your sole remedy is to contact The Indian Tourist or the service provider to make alternative arrangements.
CANCELLATIONS AND CHANGES TO RESERVATIONS.
We do not accept cancellations or changes to reservations and purchases made. There will be no refunds given when you choose to cancel or change your reservation.
Our “switch your trip” program.
A one-time transfer via our “switch your trip” program is available up to 45 days before departure date. If you transfer to a trip of lesser value the difference will remain as a credit with The Indian Tourist towards future trips. This program is available on all trips unless otherwise stated during registration. Credit with The Indian Tourist is a lifetime credit and can only be used towards The Indian Tourist trips.
Deposit and refund policies.
All trips, unless otherwise stated, offer you the chance to reserve your seat with a deposit when booking at least 60 days before departure. Full trip payment is due 60 days before departure. Failure to pay your trip balance on time will result in the loss of your deposit and seat on your trip. All trips/deposits are nonrefundable. A one-time transfer via our “switch your trip” program is available up to 45 days before departure date.
The purchases made through The Indian Tourist do not include incidental expenses, except as specifically described in your itinerary, and you are liable for all such incidental expenses that you incur during, or in anticipation of, your purchased product and/or service. These things may include but are not limited to: airfare to the destination, lunches, incidental expenses, alcohol, and any entrance or departure fees into the destination country.
You agree and acknowledge that in order to participate in any The Indian Tourist travel insurance is required. The insurance that you obtain must adequately cover you for medical expenses, accidents, property loss, and curtailment or cancellation of your trip. Such insurance is not included with your purchase on the Site. Proof of insurance will be required prior to departure and lack thereof will result in cancellation of participation in The Indian Tourist.
It is mandatory that all attendees obtain travel insurance with a minimum coverage of $1000 USD while traveling with The Indian Tourist. Such insurance must cover personal injury, medical expenses, loss of or damage to luggage, repatriation expenses, and evacuation expenses.
The Indian Tourist either owns, or has licensed, all india legal right, title and interest in and to The Indian Tourist, including but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to The Indian Tourist (the “Intellectual Property”). These Terms do not grant you any rights with respect to the Intellectual Property.
The information, software, products and services published on the Site may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on the Site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on the Site and/or pending reservations made under an incorrect price.
In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use the Site (including, but not limited to, any computer viruses, information, software, linked sites, products and services obtaining through this Site; or otherwise arising out of the access to, display of or use of the Site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transaction(s) on the Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
RISKS AND INDEMNITY.
You acknowledge and agree that participation in activities, such as adventure travel, involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved and voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in such activities.
You agree to indemnify, defend, and hold harmless The Indian Tourist, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including, without limitation, attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) products or services you have purchased through the Site, (iii) your breach of these Terms or the documents referenced herein, or (iv) your violation of any law or the rights of any third party.