Terms and Condition

As with any service, certain legally binding terms and conditions apply to Indian Wildlife Safaris’ services too. Please be sure to read this before availing of any of our services. Don’t worry, the Terms and Conditions are written in simple English without excessive legalese. By availing of any of our services, therefore, you implicate that you agree to the Terms and Conditions. We can’t see why you wouldn’t, because they are entirely fair. Indian Wildlife Services shall, however, not be liable for any consequences arising out of your failure to fully read and understand the Terms and Conditions.

GENERAL INFORMATION

The terms and conditions (the “Terms”) on this Website, www.indianwildlifesafaris.com (the “Website”) are made available to the customer (hereinafter referred to as “You”, “Your”, “Yours”, “Customer”, “Customer’s”, “Participant”, “Participants” or “Participant’s”).

We are Indian Wildlife Safaris, a company incorporated under the Companies Act, 1956, India. Our office address is 4/15, Jasmine Street, Vatika City, Sector 49, Sohna Road, Gurgaon, Haryana, India (hereinafter referred to as “Indian Wildlife Safaris”, “IWS”, “We”, “Us” or “Our”).

These terms and conditions are subject to change. Indian Wildlife Safaris reserves the right to amend any part of the terms and conditions anytime without express or advance notice.

If you have any questions, complaints or comments on the Website then you may contact us on [email protected], use the “Get In Touch” feature on the Website or use the alternative modes of correspondence enlisted on that page.

WEBSITE TERMS

The Website, www.indianwildlifesafaris.com, is operated and owned by Indian Wildlife Safaris. Indian Wildlife Safaris and the Indian Wildlife Safaris logo are the exclusive registered trademarks of Indian Wildlife Safaris.

We do not accept any liability for:

– damage to your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any Website linked to it, unless such damage results from our negligence; and

– any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

While we endeavour to correct any errors or omissions as soon as possible once they have been brought to our notice, we do not promise that the information on the Website will be free from errors or omissions.

We constantly seek to improve this Website and if the need arises, we may suspend access to the Website. Accordingly, some of the material on the Website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Indian Wildlife Safaris, (“Indian Wildlife Safaris”) is an expert-based wildlife experience & destination management company. You desire to avail services arranged by Indian Wildlife Safaris. In consideration of Indian Wildlife Safaris agreement to allow you to participate, you agree as follows:

INDEMNIFICATION:

You certify that you have read this entire document and fully understand its contents. In consideration of, and as part payment for the right to participate in this Workshop, and the activities, services, and food arranged for you by Indian Wildlife Safaris, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.

RELEASE OF LIABILITY:

In further consideration of, and as part payment for the right to participate in the activities, services, and food arranged for you by Indian Wildlife Safaris, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.

ASSUMPTION OF RISK:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with, the Workshop in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.

Indian Wildlife Safaris may use pictures and videos of participants and activities taken during tour, to promote Indian Wildlife Safaris and its services, without release from the participants featured in such media, and without obligation to pay royalties for any such use.

GUIDED TOURS TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Indian Wildlife Safaris, (“Indian Wildlife Safaris”) arranges group tours, adventure travel, photography tours or trips, off-sites, school groups, safaris and expeditions in India and abroad. You voluntarily desire to participate in a group tour, adventure trip, photography tour, safari or expedition arranged by Indian Wildlife Safaris. In consideration of Indian Wildlife Safaris agreement to allow you to participate, you agree as follows:

You understand that you are required to read carefully and sign the Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Indian Wildlife Safaris can accept a deposit confirming your reservation. You understand that Indian Wildlife Safaris will assist or advise you with pertinent information regarding passports, visas, and domestic/international health requirements, but it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Indian Wildlife Safaris recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance, as you may deem necessary for your travel.

AWARENESS OF RISK:

You are aware that group tours, adventure travel, photography tours/trips, safaris and expeditions, whether in civilised or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours/trips, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in and outside wildlife preserves and parks. You recognise that such risks may be present at any time before, during, and after the trip. You also recognize that Indian Wildlife Safaris purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Indian Wildlife Safaris cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You are also aware that medical services or facilities may not be readily available during the time you are participating in this trip.

INDEMNIFICATION:

You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, whether for group tour, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for the right to participate in this trip, and the activities, services, and food arranged for you by Indian Wildlife Safaris, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.

RELEASE OF LIABILITY:

In further consideration of, and as part payment for the right to participate in this trip, whether for group tour, adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for you by Indian Wildlife Safaris, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.

ASSUMPTION OF RISK:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.

REPRESENTATION OF GOOD HEALTH:

You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in the group tours, adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Indian Wildlife Safaris is in no way responsible for any costs related to your medical care during or after the travel.

ARBITRATION:

Any controversy or claim arising out of, or relating to this Release or the performance there under, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in Jaipur, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.

REFUNDS, LEVIES AND OTHER RIGHTS:

Refunds or adjustments will be made or any additional charges may be levied if Indian Wildlife Safaris changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Indian Wildlife Safaris cannot accept responsibility for any personal item lost or damaged by fire or theft. Indian Wildlife Safaris may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our Website for our promotional and marketing activities.

KNOWING AND VOLUNTARY EXECUTION:

You acknowledge that you have carefully read this agreement, understand its contents, and understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. You acknowledge that Indian Wildlife Safaris, is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.

CANCELLATION AND REFUNDS:

In the event of a cancellation or modification of your confirmed booking, Indian Wildlife Safaris Cancellation and Refund Policy for Tours will be applicable, and you fully agree to be bound by them.

DELIVERY METHOD:

This service is considered delivered once you, as the Tour participant, complete the scheduled duration of the Tour as per the set itinerary. No requests for extension, modification or substitution of itinerary will be entertained in the event of the participant’s failure to attend a part or whole of the Tour after registration, and you agree that this does not constitute a breach of or insufficiency in service.

CUSTOM VACATIONS TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Indian Wildlife Safaris, (“Indian Wildlife Safaris”) arranges bespoke tours and vacations in India and abroad. You desire to avail of Indian Wildlife Safaris services in planning your customized vacation. In consideration of Indian Wildlife Safaris agreement to extend the service, you agree as follows:

You understand that you are required to read carefully and sign this Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Indian Wildlife Safaris can accept a deposit confirming your reservation. You understand that Indian Wildlife Safaris will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Indian Wildlife Safaris recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance as you may deem necessary for your travel.

AWARENESS OF RISK:

You are aware that adventure travel, photography tours, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Indian Wildlife Safaris purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Indian Wildlife Safaris cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also are aware that medical services or facilities may not be readily available during the time you are participating in this trip.

INDEMNIFICATION:

You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for Indian Wildlife Safaris offer to arrange your vacation, and the activities, services, and food arranged for you by Indian Wildlife Safaris, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.

RELEASE OF LIABILITY:

In further consideration of, and as part payment for the Indian Wildlife Safaris offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by Indian Wildlife Safaris, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Indian Wildlife Safaris, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.

ASSUMPTION OF RISK:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by Indian Wildlife Safaris, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.

REPRESENTATION OF GOOD HEALTH:

You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Indian Wildlife Safaris is in no way responsible for any costs related to your medical care during or after the travel.

ARBITRATION:

Any controversy or claim arising out of, or relating to this Release or the performance there under, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Jaipur, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.

REFUNDS, LEVIES AND OTHER RIGHTS:

KNOWING AND VOLUNTARY EXECUTION:

You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties negligence and a release of their liability. You acknowledge that Indian Wildlife Safaris Pvt. Ltd., is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.

CANCELLATION AND REFUNDS:

In the event of a cancellation or modification of your confirmed booking, Indian Wildlife Safaris Cancellation and Refund Policy for Custom Vacations will be applicable, and you fully agree to be bound by them.

DELIVERY METHOD:

This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Indian Wildlife Safaris. Indian Wildlife Safaris will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.