MOST IMPORTANT TERMS & CONDITIONS
Set out below are the most important terms and conditions which govern the usage of the website (“Terms & Conditions”). You are requested to carefully read and understand these Terms & Conditions as they affect your rights and impose certain pre-conditions and duties to be fulfilled before making a booking with us.
This page sets forth the terms and conditions under which the The Land of Wanderlust (“TLOW”), a sole proprietorship concern whose office is situated at Chakala, Andheri East, Mumbai-400099 provides its trip services to you. By making payment as required by the terms and conditions set out, you shall be deemed to have accepted the Terms & Conditions, and the Terms & Conditions shall, therefore, constitute a contractual arrangement between you and TLOW.
In case you have made a joint booking for yourself and other co-travellers, then it shall be deemed that each co-traveller who is a part of your booking has also read, understood, and accepted these Terms & Conditions.
The service statements on this website are for general description purposes only. The information contained in this website should not be viewed as an offer to sell or as a solicitation to avail any of TLOW’s services. Kindly note that the transportation service and accommodations including but not limited to trains, flights, bus, taxis, cruises, ferries, hotels, and restaurants providing the services in the trip location are available for booking are not operated, supervised, or controlled in any manner by the TLOW. These services are provided by a third-party service provider that are entirely independent, and with whom you may be deemed to have separate contractual arrangements.
TLOW may publish certain guidelines or additional terms and conditions for each specific trip which would be in addition or supplemental to the Terms & Conditions and will be deemed to be a part of your contractual arrangement with TLOW. TLOW also reserves the right to amend, modify or replace the Terms & Conditions or any guidelines or additional terms and conditions without any personal prior notice to you. You are therefore requested to keep yourself updated with the same.
TLOW’s website <https://www.thelandofwanderlust.com> and services are offered only to residents of the Republic of India. In case you are from outside of the Republic of India then you shall be using TLOW’s website and services at their your risk. You shall be solely responsible for compliance with any applicable local laws of your jurisdiction.
2. REPRESENTATIONS & WARRANTIES:
TLOW does not make any representation, warranties, or guarantees in respect to the service provided by it or the services/products of the third party service provider used during the trip. Although, TLOW continues to use its best efforts to keep the information on this website updated, you are requested to confirm the same with TLOW by email or phone call prior to booking. The pictures and videos showcased on the website are only for representational purpose and the actual trip experience may differ or vary. The information in relation to third party service provider such as accommodation, transportation, etc, are provided on an “as is” basis and you agree to use these at your own risk.
You represent to TLOW that: (i) you are 18 years of age and that you competent to contract under the law; (ii) the information and documents provided by you to TLOW is true and correct and you undertake to keep such information and documents updated till the end of the trip; (iv) you do not suffer from any health-related issues which shall prevent you from undertaking the trip; (iii) in case you are making a joint booking, you are duly authorised to make a booking and accept obligations on behalf of any other co-traveller who is a part of your booking; and (iv) you are not prohibited under law, policy, judgement, or order applicable to you or otherwise to undertake the trip or for making payments to TLOW.
3. BOOKING AND PAYMENT TERMS:
The trip price (“Trip Price”) displayed on the website are indicative in nature and are subject to change without prior notice. For the purpose of booking you shall pay a sum amounting to fifty percent (50%) of the Trip Price (“Booking Amount”). Payments may be made by you through cash payment, crossed cheque (payable at Mumbai), or through bank transfers like NEFT or RTGS, or through payment gateways available on the website. A booking shall be confirmed only after actual receipt of the full Booking Amount in bank account of TLOW or after receipt of cash by TLOW. The booking shall not be confirmed unless and until TLOW receives the entire Booking Amount.
You understand that the payment gateway is a third party service provider, and therefore any payment made through such a payment gateway is at your own risk. You have acquainted your self with the terms and conditions of such payment gateway, before using the payment gateway. You agree that where you use a payment gateway to make payments, TLOW shall be liable to process a booking only after receiving a confirmation of your payment, from the payment gateway. If for any reason, the payment gateway fails to provide a confirmation of your payment, then TLOW shall not be liable to process a booking. You agree that you won’t hold TLOW liable for any for any loss or damage caused due to the payment gateway’s failure to provide a payment confirmation or in case of any dispute of payments arising between you and the payment gateway.
The remainder fifty percent (50%) amount shall be paid at least prior to twenty-one (21) calender day before the commencement of the trip. Failure to make payment of said remainder amount shall automatically lead to cancellation of the booking and you shall be not be entitled to receive a refund of the Booking Amount or amount paid by you, as per the refund policy of TLOW.
The Trip Price has been quoted a package and therefore no credit or refund shall be given in case you decide not to utilise any specific service provided during the Trip. The Trip Price does not include the following: (i) premium towards any travel or accident insurance; and (ii) Goods and Services Taxes.
You shall be also be liable to pay expenses or charges in respect of damage/loss/ diminishing of value caused to property belonging to TLOW and/or its proprietor, employees, and agents or any third party service provider. You shall also be liable to reimburse any expense in respect to, including but not limited, to medical attention or emergency evacuation services or purchase of any accessories or equipments for you, which were not a part of the Trip Price.
4. TRIP INCLUSIONS:
The following expenses (computed at rates applicable as on the date of booking) and facilities will be part of the Trip Price or service provided by TLOW:
5. TRIP EXCLUSIONS:
The following expenses and facilities will not be part of the Trip Price or service provided by TLOW:
6. YOUR OBLIGATIONS:
You agree that you shall: (i) visit a registered medical practitioner to assure yourself to be physically and mentally fit to undertake the trip; (ii) carry adequate first aid and medication, which you may require, depending on the trip you have booked for; (iii) carry all necessary documents, permissions, adequate clothing, money, accessories, and equipments required for undertaking the trip; (iv) at all times follow the lawful instructions and guidelines provided by the employee, guide, or agent of TLOW or any third party service provider who is a part of the trip; (v) not behave in a disorderly or violent manner with any traveller, customer, employee, guide, or agent of TLOW or any third party service provider who is a part of the trip; (vi) not commit any act which shall disrupt the trip for other travellers or which may cause inconvenience to other travellers; (vii) not cause damage or diminish the value of any property of TLOW or third party service provider; (viii) procure adequate travel and/or accident insurance for the trip; and (ix) not commit any act during the trip which is a criminal offence.
7. CANCELLATION & REFUND POLICY:
If you intend to cancel the trip, you shall have to send a written request to TLOW either through personal delivery, mail or registered post (“Cancellation Request”). For the purpose of the cancellation of trip, the date on which the Cancellation Request is actually received by TLOW shall be deemed to be the date of cancellation of the trip (“Cancellation Date”). Any Cancellation Request received by TLOW on a non-business day in Mumbai, or after business hours being 10 am to 4 pm, shall be deemed to be received by TLOW on the following business day. On receipt of Cancellation Request, TLOW may acknowledge the same by an email or phone call or SMS. The trip shall be deemed to have been cancelled only after TLOW accepts the Cancellation Request and intimates the same to you in writing. Once a Cancellation Request is accepted by TLOW the same cannot be withdrawn and if in case you want to join the same trip then afresh booking would be required to be made.
TLOW, based on the Cancellation Date, shall withhold the following amounts stated in the table below, from the Booking Amount or Trip Price as cancellation charges and refund the remainder to you. The refund shall be paid to you, within (21) calendar days from the Cancellation Date.
|Cancellation Date is:||Cancellation charges|
|Before forty (40) calendar days prior to the date of commencement of Trip||15% of the Trip Price|
|On or after forty (40) calendar days but prior to thirty (30) calendar days day of commencement of Trip||30% of the Trip Price|
|On or after thirty (30) calendar days but prior twenty five (25) calendar days from day of commencement of Trip||50% of the Trip Price|
|On or after twenty five (25) calendar days but prior to twenty (20) calendar days from day of commencement of Trip||75% of the Trip Price|
|On or after twenty (20) calendar days but prior fifteen (15) calendar days from day of commencement of Trip||100% of the Trip Price|
You may claim refund only in case of a confirmed booking where you have paid the entire Booking Amount. Where there is part payment of Booking Amount made the same shall be forfeited and there shall be no refund. The mode of payment of refund amount to you (whether through cash, e-wallets, bank transfers, or cheques), shall be determined at the sole discretion of TLOW.
Notwithstanding anything stated in the Terms & Conditions, there are no refunds of any kind, provided for ‘Camping Trips’.
8. DATA POLICY, PHOTOGRAPHS & VIDEOS:
You agree to that TLOW may take your photographs or videos during the trip showcasing your experience. You consent to the usage or publication of your photographs and/or videos on the TLOW’s website, any social networking websites, blogs, video hosting websites, or in any electronic or print media including but not limited to brochures, pamphlets, advertising material, promotional videos, etc. You expressly waive the condition of obtaining your prior consent to such usage or publication and / or asking for payment/ remuneration in respect of such photographs and/or videos.
You understand that all your credit cards/debit cards/e-wallet or bank account related details will not be sold, shared, rented or leased by TLOW to any third party. You consent to TLOW sharing your credit cards/debit cards/e-wallet or bank account related details while contacting your bank or TLOW’s bank or the payment gateway used by you for making payment for TLOW’s services, for the purpose of confirmation of payments made by you.
You expressly consent to TLOW holding to your personal identifiable information which includes but is not limited to your name, age, address, photograph, copies of documents which act as a proof of identification or address (includes but is not limited to your copies of passport, PAN card, or driving license) and for the purpose of record and security for a period of twelve (12) months from date of receipt. You expressly consent that TLOW may store your contact information like mobile number/phone number/email address/ social media profile link for marketing purposes for a period of twenty four (24) months from date of receipt, which may be further extended by you. TLOW shall store all your information in electronic equipments under its control. You consent to TLOW contacting you for any promotional offers or marketing in the future, and you understand that this consent can be withdrawn by you at any point in time. TLOW may from time to time, make your contact information and photographs available to associated entities or individuals, a list of which can be provided to you on request. Your information that TLOW holds including personal identifiable information or contact information or information in relation to your travel arrangements will not be disclosed to any third party unless required by law. Although, TLOW shall use its best endeavour to protect the storage of your personal information from any cyberattack or any attempt to illegally acquire you personal information, you agree that TLOW shall not be held responsible in any manner for, the leak or theft of your personal information or any consequential damage or loss (whether direct or indirect) caused to you by such a leak or theft.
9. LIMITATION OF TLOW’S LIABILITY:
Under no circumstances, shall TLOW and/or its proprietor, employees, and agents be responsible for any loss (whether direct or indirect and including but not limited to damage or loss or theft of luggage or other belongings), damages, costs (including attorney fees), fines, penalties, or monies incurred by you, or any disability, personal injury, accident or death suffered by you during the trip, whether or not caused by the negligence or any act or omission of TLOW and/or its proprietor, employees, and agents. You agree that, in case of your death your heirs, next of kin, executors, administrators shall have deemed to have forgone the right to sue or take any legal action against TLOW and/or its proprietor, employees, and agents for any act of negligence or otherwise. You agree to execute any claim/liability waivers document which TLOW may provide before the commencement of the trip. Without prejudice to the forgoing, in any case, the monetary liability of TLOW to you for any act of default or negligence, shall not exceed the amount paid as Trip Price by you.
10. INDEMNIFICATION TO TLOW:
You agree to indemnify and hold harmless TLOW and/or its proprietor, employees, and agents against any loss (whether direct or indirect), damages, costs (including attorney fees), fines, penalties, or monies which TLOW and/or its proprietor, employees, and agents shall have to incur due to any act or omission or negligence on your part including any medical expenses or emergency evacuation expenses.
11. MODIFICATION/TERMINATION OF TRIP:
TLOW reserves the right (at its sole discretion) to alter, change, curtail or cancel an itinerary/blueprint, or trip, at any time including after the commencement of the trip, without assigning any reason, and in which case TLOW shall reimburse entire Booking Amount or Trip Price as the case may be, within twenty one (21) days from day on which the Trip was to commence.
In case, TLOW terminates the trip for reasons which are beyond control of TLOW (including but not limited to termination due to change in law, bad climatic conditions, torrential rain or snow fall, landslides, earthquakes, floods, war, civil unrest, riots, strikes, political disruptions, epidemics, terrorist or militant attacks, curfews, fire or destruction of accommodation or the trip location, irreparable mechanical breakdown in transportation, shortage of fuel, withdrawal or denial of any essential third party service without any replacement, cancellations of trains/air/bus or other modes, government prohibition on entry in the trip location, or medical emergency faced by a traveller, trip location is found to be unsafe by TLOW), then you shall be entitled to fifty percent (50%) of the Trip Price which TLOW shall reimburse within twenty one (21) days from day on which the Trip was to commence. TLOW may (at its sole discretion) offer an alternative trip to you instead of a refund, whenever it may be possible. In case, TLOW offers an alternative trip to you, you shall be deemed to have waived the right to claim a refund. You expressly waive the right to claim any amount as compensation/loss/damage which is over and above the refund or alternative trip provided to you by TLOW, irrespective of the fact whether or not you accept the alternative trip or refund provided to you by TLOW.
During local or national holidays or special events, on Sundays, and religious occasions, certain facilities such as museums, churches, temples, restaurants, sightseeing tours, and shopping may be limited or not available. Alternatives may be offered by TLOW, whenever it may be possible. You expressly waive the right to claim any amount as compensation/loss/damage in such cases, irrespective of the fact whether or not you accept the alternative trip provided to you by TLOW.
TLOW shall have a right to terminate your trip, including after commencement of the trip, if is found that you: (i) you have committed a criminal offence during the trip; (ii) your behaviour is not conducive to the comfort of fellow travellers or customers of TLOW; (iii) you have acted in a disorderly manner with any employee, and agent or third party service providers associated with TLOW; (iv) you are found to be a threat to the security and safety of yourself or that of your fellow travellers and customers of TLOW or TLOW’s employee, and agent or third party service providers or to the property belonging to them; (v) you are found to be medically unfit to continue the trip; (vi) you have provided wrong or incorrect personal information to TLOW or misrepresented essential facts to TLOW at the time of booking. No refund shall be provided for termination of the trip due to the foregoing acts or omissions committed by you. The findings of TLOW in respect of any of the forgoing conditions shall be final and conclusive and you agree to be bound by it.
12. GOVERNING LAW & JURISDICTION:
The Terms & Conditions shall be governed by the laws of the Republic of India (as applicable within the city of Mumbai) without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts at Mumbai for any and all disputes, claims and actions arising against TLOW.