Registration Form

Full Name ^* (As per the name on the passport)

Phone Number ^*

Trip Name:

Himalayan Drive - Spiti Expedition - Dutch Edition

E-mail ^*

State

Country

Address ^*

Date Of Birth ^*

Blood Group ^*(In case of any emergency)—Please choose an option—A+A-B+B-O+O-AB+AB-

Meal Preference ^* (Veg or Non-veg)

Choose T-Shirt Size ^*(This is to gift a merchandise)—Please choose an option—KidXSSMLXL2XL3XL

Medical Condition if any ^*

Emergency Contact Name ^*

Emergency Contact Number ^*

Tell us something about yourself in 20 words. This will be used as your introduction in the Road Book (Optional).

Have you done a road trip before? If yes, where?(Optional)

Most Thrilling Experience of your life?(Optional)

Three Travel essentials for Road Trips?(Optional)

Three places in your bucket list?(Optional)

Terms and Conditions*
IMPORTANT NOTICE FOR PARTICIPANTS This contract is important and participants are requested to carefully read all the terms contained herein. Having read and understood the terms and conditions set out in this contract, you expressly agree to the same, and are bound by the provisions of this contract from the time of booking and even after the Travel terminates. 1. INTRODUCTION This contract (“Agreement”) describes the terms and conditions that will apply to the relationship between participants and the Organizers for the Travels covered by this contract. The terms and conditions set forth in this contract constitute the entire agreement between the Organizers and participants. Except as otherwise expressly provided herein, this Agreement supersedes any other representations or agreements that may have been made previously relating to the subject matter of this agreement, the Travel, includes but not limited to anything stated in brochures, advertisements, and other promotional materials, by the Organizers, its parent, subsidiary or affiliated companies, or any of their respective employees, or third persons such as travel agents or a third-party reseller. The Organizers merely act as a facilitator by connecting the participants with the respective third- party service providers like car vendors, hotels, restaurants, etc. The Organizers bears no responsibility for the marketing or performance of any third-party amenities and disclaims any liability to participants for the same. The Organizers shall bear no responsibility for providing any refunds, Travel credit or any other form of compensation to participants for their Travel. Any issues faced by the participants at the time of availing such services shall be sole responsibility of the of the third- party service provider. That the Organizers shall mean and include the GOED GEREGELD REIZEN, Netherlands (GGR Travel) and AOPL and / or the purpose of this agreement / travel AOPL shall be represented by GOED GEREGELD REIZEN, Netherlands (GGR Travel). It is clarified that the GGR Travel and AOPL are joint organizers of the Travels envisaged under this Agreement and that such collaboration does not result in any creation of agency or partnership between them, thereby ruling out any shared/joint liability/responsibility. Further, this Agreement pertains exclusively only to those services / activities which are organized / provided / facilitated by the AOPL on behalf of GGR Travel. Contract, whether or not signed by participants, shall constitute the agreement by participants, on behalf of himself and all other persons traveling with him (including any accompanying minors or other persons for whom the Travel is purchased), to be bound by the terms and conditions of this contract. In addition, the participant hereby agrees to abide by the terms and conditions, appearing in the applicable brochure. In the event of any conflict between the brochure or materials on the website of the Organizers and the terms of this contract shall prevail. 2. DEFINITIONS: a. “Agreement” shall have the meaning given to it in the preceding provisions, i.e., Section 1. b. “AOPL” means ADVENTURE OVERLAND PRIVATE LIMITED and shall include employees, shareholders, officers, directors, successors, representatives, agents, assigns, sponsors, affiliates, sub-contractors, suppliers and all of their respective officers. It also includes the staff / employee representing AOPL and discharging the duties envisaged for the purposes of the Travel. c. “Participant” or “your” means person(s) traveling under this contract and persons in their care, along with their assignees, trustees, agents, respective heirs and representatives. “participant” shall include the plural and the usage of masculine shall include the female gender as well. Notwithstanding, other policies referenced herein, communications from the Organizers, and other posted notices may interchangeably use the term ‘customers’ while referring to participants. d. “Lead participants” means the participants who initiated the Travel or booked the Travel tour for themselves, and/or for one or more participants named on the booking, irrespective of the fact whether the booking was made by the lead participants directly with the Organizers or through a travel agent. The lead participants are usually the first participants named on the booking. e. “Primary country of residence” means the country where Participant primarily reside at the time of booking the Travel. This should be indicated by the participant or an agent or a representative at the time of booking the Travel or while checking-in online. f. “Road trip” shall be a part of the travel and shall mean to include, among other things, in-bound (within a country itself), cross-border (across various countries) in self-owned or rented vehicle. g. “Organizers” shall mean and includes GGR Travel and AOPL. h. “Third-party service providers” shall mean the service provider whose services the Organizers are facilitating for the participants and is unrelated to the organizers, thereby bearing liability for their own individual acts. i. “Transport” means and includes the cars, rails, airplane, buses and other modes of transportation or accommodation. j. “Travel” means and includes the road trips, tours and vacation packages, whether or not tailor- made, organized by the Organizers, whether domestic or international as covered by this contract, and the same may be modified by the organizers and shall include that period during which the participant joins and leaves. k. “Vehicle” means the car, whether self-owned or rented, operated by the participants on which they may be traveling or against which participants may assert a claim, as well as any substituted car used in the performance of this contract. 3. TRAVEL FARE TERMS a. “Travel fare” means the amount paid and/or due from participants to the Organizers for the Travel which includes the services enlisted in the brochure/advertisement for the Travel. b. Travel fare excludes all other things which are not included as per brochure or have not been expressly promised in writing before the commencement of the travel. c. It is clarified that any extra expenses borne while dealing with the exigency shall be borne solely by the participants. d. The participant shall pay the Travel fare to the Organizers for the Travel at the time of booking in full or as per the schedule. Moreover, the Organizers also reserves the right to collect all charges for entertainment, goods and services incurred by participants, or incurred by the Organizers on the participants’ behalf. e. Participants acknowledges that in the event that payment for Travel fare has been made to third- party reseller, the Organizers shall, under any circumstances, not be liable to make any refund to the participant either wholly or partially and that the participant shall be at liberty to seek/claim any refund of the Travel fare from third-party reseller alone. 4. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY a. Baggage limits and prohibited items- Each adult participant is permitted to carry only wearing apparel and personal products as are reasonably necessary for the Travel, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries (including personal hygiene products) and other similar items. In no event shall any participant bring any illegal and / or controlled objects / substances (including medical marijuana), tobacco fireworks, live animals, weapons, firearms, explosives or other hazardous materials, or any other items prohibited under applicable law or the Organizers policy on the same. Marijuana or any other prohibited drug/narcotic/psychotropic substance possession and/or use thereof, including medical marijuana, coupled with possession or use of any illegal drugs, is strictly prohibited at all times during the Travel, as well as during excursions or any other part of the Travel, regardless of any local, state, or other laws which might permit use or possession of marijuana or any other kind of illegal drug. Participants who violate the laws of any jurisdiction are subject to being reported to the appropriate law enforcement agency or customs authorities, and consequent arrest and prosecution. A Participant who brings any dangerous items, marijuana in any form, or any illegal drugs or controlled substances are also subject to immediate removal from the Travel. The participant shall have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. The Participant shall be responsible to notify the Organizers in advance of the Travel if there is any question as to the permissibility of taking any item or substance on Travel. The Organizers reserve the right to refuse to permit any participants to take part in Travel if deemed inappropriate. b. Liability for loss of or damage to participant’s property - The Organizers shall neither be responsible nor liable for any loss of or damage to the participant’s property, whether contained in luggage or otherwise. Liability for loss of or damage to participant’s property shall be the sole responsibility of the participant and that any claims by the Participant shall only be made to their insurance agent/company. c. Limited carriage - The Organizers do not undertake to carry as baggage any tools of trade, household goods, precious metals, jewelry, or other valuables. Each participant warrants that no such item will be carried during the Travel, and hereby absolves the Organizers from any liability whatsoever for any loss of or damage to such items. In no event shall the Organizers be liable for normal wear or tear of luggage or property, or loss of or damage of any valuables. 5. HEALTH; MEDICAL CARE; OTHER PERSONAL SERVICES; KNOWING ACCEPTANCE OF THE RISKS a. Recommended consultation with personal physician - Participants are encouraged to discuss the advisability and feasibility of travel and participation in activities incidental thereto, particularly visiting areas/zones/places of high altitude, etc, with their respective personal physicians/ a registered medical practitioner. b. Availability of medical care - Due to the nature of travel by road or to some remote places, the availability of medical care on call may be limited or delayed and medical evacuation may not be possible from every location to which the participant travels. Be that as it may, where the Organizers crew travels with participants, a first-aid kit would be carried for basic medical needs but it may not be sufficient in all circumstances. Participants are, nonetheless, advised to carry their own medications as per their personal needs with doctor’s prescription. c. Relationship with service providers - To the extent that the participant retains and avail the services of a medical personnel or independent contractors during the Travel, they do so at their own risk. Any medical personnel attending to the participant during the Travel, if arranged by the Organizers, are provided solely for the convenience of the participant, work directly for the participants, and shall not be deemed to be acting under the control or supervision of the Organizers, inasmuch as the Organizers are not a medical-service provider. The Organizers owes no liability whatsoever for any acts, omissions, treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. Likewise, any services provided during the Travel are either operated by independent contractors and are provided solely for the convenience of the participants. Even though the Organizers shall be entitled to charge a fee for arranging such services, all such persons or entities shall be deemed independent contractors and not acting as agents or representatives of the Organizers. The participant acknowledges that the services provided during the trip are by employees of independent contractors and that no principal-agent relationship is established, hence rendering the Organizers not responsible for their actions. d. Payment for medical or personal care services - The participants shall pay for all medical care or other personal services requested or required, during the Travel, including the cost of any emergency medical care or transportation incurred by the Organizers and any costs associated therewith. In the event that the participant is unable to pay and the Organizers are required to pay for such or other incidental expenses, the Organizers reserve the right to be reimbursed. e. Participant fitness and Health Insurance – The Participants hereby certify that they have requisite fitness to undertake the Travel and the activities therein. It is mandatory for the Participant to obtain a valid travel insurance before commencement of the Travel which shall cover all health and accidental contingencies and apprise the Organizers of the particulars of the same. Furthermore, in case where the travel insurance is found to be invalid or insufficient to cover the contingencies, the Participant shall be solely liable to bear such costs/expenses, without any claim against the Organizers. 6. EXCURSIONS, TOURS, FACILITIES OR OTHER TRANSPORTATION All arrangements made for participants for transportation before, during or after the Travel of any kind whatsoever, as well as air arrangements, excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for participant’s convenience and are at participant’s risk. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors/ third- party party service providers and are not acting as agents or representatives of the Organizers. Even though the Organizers may collect a fee for, or otherwise profit from, making such arrangements and offers for sale excursions, tours, hotels, restaurants, attractions and other similar activities or services taking during the Travel, the Organizers do not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety. In no event shall the Organizers be liable for any loss, delay, disappointment, damage, injury or other harm whatsoever to participants which during or after the Travel as a result of any acts, omissions or negligence of any independent contractors. The participant acknowledges that they are traveling to foreign countries where the laws, regulations, customs and business practices may vary greatly from those of participant’s home country. Consequently, there may be significant differences in modes of transportation and their quality, infrastructure (e.g., poorly maintained roads), regulations, and driving practices in the countries. The participant is responsible for familiarizing himself/herself with the associated risks and travel requirements and warnings or the equivalent travel advisory system in participant’s country, prior to the Travel. 7. CANCELLATION, DEVIATION, OR SUBSTITUTION BY THE ORGANIZERS a. Cancellation by the Organizers generally - The Organizers have the right, without prior notice to participants, to cancel all or any portion of this agreement at any time prior to participants joining the Travel or its commencement, whichever occurs first. In such case, participant’s sole and exclusive remedy shall be for the disbursal of a refund or the proportionate value of the cancelled Travel. The Organizers shall have no liability for damages or compensation of any kind. The Organizers’ right to cancel this agreement shall be in addition to the Organizers’ right to cancel the Travel. b. Deviations by the Organizers – The Organizers will ensure that the Travel is executed/conducted as per the schedule/itinerary described in the Travel Agreement. The Organizers may, in case of any unforeseen circumstances which beyond organizers control, at any time and without prior notice, advance, postpone or deviate from any scheduled Travel. The Organizers shall not be liable for any claim whatsoever by participants, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, or deviation caused due to factors/reasons beyond the Organizers’ control. c. Cancellation or deviation by the Organizers caused by circumstances beyond the Organizers’ control - If the Organizers’ performance hereunder is hindered or adversely affected, or in the opinion of the Organizers are likely to be hindered or adversely affected, in whole or in part, as a result of war, hostilities, blockages, prevailing weather conditions (e.g., tropical cyclones or the presence of ice), labor conflicts, strikes, breakdown of vehicles, congestion, medical or lifesaving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, seizure under legal process or any other cause whatsoever, or if the Organizers consider that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place on an itinerary may expose the participants or vehicles to risk or loss or damage or delay, if the participants has not embarked on the Travel or has commenced the with travel the entire Travel may be canceled, at which time the responsibility of the Organizers shall cease. d. Early termination due to mechanical failures - In the event a Travel (or component of a Travel) is canceled or terminated prematurely due to mechanical failures of the vehicle whether owned or rented, participants shall have a no right to refund of the Travel fare from the Organizers. e. Substitution and transfers - In cases where vehicle has been provided by the Organizers and there occurs any mechanical failure, the organizer shall try his best to provide the immediate mechanical repair or similar vehicle, specially in case of self-driven travel, at the earliest but in circumstance, where it is not so possible/ feasible such as in remote location or for any other reason, the Organizers shall have the right to substitute the vehicle for any other vehicle or means of transportation, regardless of whether owned or operated by the Organizers, and to re-berth participants thereon, without liability or compensation to participants of any kind. f. Compliance with government orders - The Organizers shall be under duty to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority regarding the Travel. Any kind of losses incurred during compliance of such duty shall be compensated by the participants. 8. CANCELLATION BY PARTICIPANTS; EARLY DISEMBARKATION a. General -The payment schedule, and cancellation and refund policies, for the Travel fare and related additional charges are non-negotiable and non-refundable. b. Refunds - If a Travel reservation is cancelled by participants at any point in time, the Organizers shall not be liable to refund any amounts to participants. In the event of early disembarkation of participants for any reason, including pursuant to any provision of this agreement, such disembarkation shall be without refund, compensation, or liability on the part of the Organizers whatsoever. c. Other cancellation charges - For cancellations of items facilitated by the Organizers through third-party service provider, such as vehicles, special arrangements, excursions, tours, hotels, restaurants, attractions and other similar activities or services, travel insurance, pre-booked services (e.g., spa, photography) and pre-booked arrangements (e.g., specialty dining), cancellation charges shall be applicable as per the applicable terms and conditions of the third-party party service provider. 9. PARTICIPANT’S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES; INDEMNIFICATION a. Participants shall at all times comply with the provisions of this agreement, all applicable laws, and rules, policies and regulations. Participants shall maintain a decent conduct throughout the travel and should engage in any indecent/immoral/unlawful act(s) with co-participants and the crew members. b. Participants agree not to enter any areas designated for crew only, including crew quarters and vehicles without obtaining prior permission or under exceptional circumstances. c. Nothing in this agreement shall grant to participants any right to market, advertise, promote, provide or sell products or services to other participants during Travel and participants shall be prohibited from doing so. d. Participants are solely responsible to maintain in their possession all necessary documents including but not limited to passports, visas and other travel documents required for embarkation, travel and disembarkation during travel. Participants shall provide to the Organizers such documents as and when asked for. The Organizers shall return such travel documents to participants by no later than by the end of the Travel. e. Participants understands and agrees that the Organizers follow a zero-tolerance policy for illegal activities as per the prevalent law of the land and shall report such activity to the appropriate authorities. f. Each adult participants undertakes and agrees to supervise at all times any accompanying minors to ensure compliance of rule and regulations of the Travel. g. When the participant’s conduct or presence, or that of any minor for whom the participants is responsible, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of this agreement, the Organizers may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a quarantine, change a participant’s tour, remove the participant from the travel or deny him to join the convoy and/or any participants responsible for any minor participants, or restrain any participants at any time, without liability, at the risk and expense of the participants. h. Participants, or if a minor, his parent or guardian, shall be liable for and indemnify the Organizers, and its vendor from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the vehicle, the Organizers or its vendor arising from or related to participant’s conduct or failure to comply with any laws, rules and regulations, including but not limited to: (i) any purchases by or credit extended to the participants; (ii) requirements relating to immigration, customs or excise; or (iii) any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the participants. i. The Organizers shall not be liable for any portion of the Travel fare paid by any participants who fails for any reason, to continue the Travel as per the schedule or misses any destination or planned activities as the case may be. The Organizers shall not be responsible for lodging, meals, transportation or other expenses incurred by participants as a result thereof. Travel schedule, its destination or point of departure are as announced at the time of commencement of the Travel. j. the Organizers shall have no obligation either financial or otherwise, to any participants who deviate from any scheduled Travel which includes road trips and shall not be liable towards any for any civil liability, fines, penalties, costs or expenses incurred by or imposed on the participant or upon his vehicle arising from or related to participant’s conduct or failure to comply with any laws, rules and regulations, including but not limited to any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the participants while he deviates from the Travel. Once the participant deviates from the schedule of the Travel without prior the Organizers’ written permission, then the Organizers hold the right to refuse the participant or his vehicle to join the Travel or its convoy for the remaining trip. k. Participants acknowledges that in the international Travels, in particular regions the participants must complete the entire/ specific part of Travel and that failure to do so may result in a fine or other penalty being assessed by one or more governmental agencies specially in case where group visa is procured. Participants hereby agrees to pay any such fine or penalty imposed because participants failure to complete the entire trip and to reimburse the Organizers in the event it pays such fine or penalty. l. the Organizers may refuse to continue with any participants, and may remove any participants from the Travel including road trips at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a participant refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a participant refuses upon request to produce positive identification; or (iv) for failure to comply with the Organizers’ rules and procedures, including, for example, the Organizers’ participants health, safety and conduct policy; or (v) participant’s refusal to comply with transport policies. m. In the interests of safety and security, participants and their baggage are subject to inspection, including but not limited to monitoring electronically, with or without the participant’s consent or knowledge. n. If the Organizers exercises its rights under this section 9, participants shall have no claim against the Organizers whatsoever and the Organizers shall have no liability for refund, compensation, loss or damages of participants, including but not limited to any expenses incurred by participants for Travel or accommodations or otherwise. 10. FORUM SELECTION; GOVERNING LAW; TIME LIMITS TO BRING SUIT; ARBITRATION; CLASS ACTION WAIVER (i) Forum selection - All disputes, claims, or matters arising from this agreement, the Travel, or related activities, including personal injury, must be litigated exclusively in Indian courts. Participants consent to jurisdiction in India and waive objections to this venue. (ii) Governing law - This agreement and all participant disputes shall be governed by Indian laws, regardless of conflict of law principles. This applies to disputes resolved in court or arbitration, and supersedes any other laws from other jurisdictions. (iii) Time limits to provide notice and file a claim - (A) For personal injury/illness/death claims - No suit shall be maintainable against the Organizers for personal injury, illness or death of any participants at any point of time. (B) For all other claims - Participants cannot sue the Organizers for any cause related to this agreement or the Travel unless arbitration is initiated within one year from the date the cause of action arose, after which the claim shall stand barred forever, regardless of any conflicting laws. (iv) Class and representative action relief waiver - Participant can only bring claims against the Organizers individually and separately against every such party/entity envisaged within the meaning of Organizers. Even if the law permits otherwise, participants agree that any arbitration or lawsuit against the Organizers must be pursued individually, and they waive any right to participate in class or representative actions. Class action suits against the Organizers are explicitly barred. (v) Mandatory arbitration of certain claims for all Travels - Participants and the Organizers must attempt to resolve most disputes through arbitration before resorting to litigation. Arbitration, facilitated by a neutral arbitrator, is less formal than a court lawsuit but can award the same remedies. Arbitration rulings are legally binding with limited court review. It occurs on an individual basis, barring class or representative proceedings, and arbitrators cannot grant relief on behalf of others. This section shall survive termination of this agreement or any other agreement between you and us. (vi) Any dispute or claim between participants and the Organizers must be arbitrated and broadly interpreted to include: • Claims related to the agreement, Travel, purchases, or any aspect of the participant-the Organizers relationship, whether contractual, tortious, fraudulent, or based on other legal theories. • Claims predating this agreement or any prior agreements, including those related to advertising or disclosures for the Organizers’ products or services. • Claims for mental or emotional distress not arising from bodily injury, as well as claims related to the handling of participant information or reservations. • Claims regarding communications with participants concerning the Organizers' products or services, regardless of the sender. • Claims arising after the termination of the agreement or Travel. (vii) Disputes or claims not subject to arbitration include: (a) Claims arising from personal injury, illness, or death (b) Disputes regarding the scope and enforceability of the arbitration section, including whether a dispute must be arbitrated. It is pertinent to note that these exclusions are to be interpreted narrowly. (viii) Before initiating arbitration, the claimant must send a written notice of dispute to the other party within 60 days of the date of cause of action. The notice to the Organizers should be sent, in addition to e-mail, to their official addresses as mentioned in the documents while finalizing the Travel with the Organizers, while the notice to the participant will be sent to the address on file for their Travel reservation. The notice must include the claimant's contact details, confirmation of the Travel reservation, a description of the claim or dispute, and the relief sought. After receiving the notice, both parties have 60 days to request an informal settlement conference, which may be conducted by telephone or video-conference. Participation in the conference is mandatory unless agreed otherwise in writing. (ix) Commencing arbitration - Arbitration cannot start until after the informal resolution period ends. Courts can stop the collection of arbitration fees. The arbitrator can't proceed without claimant compliance with notice and settlement conference requirements, unless prohibited by law. (x) Arbitration procedure - Arbitration shall follow the Indian law, i.e., The Arbitration and Conciliation Act of 1996 (as amended up to date). The arbitrator can award remedies akin to a court, based on submitted documents. (xi) Number of arbitrators - One arbitrator will be appointed with mutual consent or as per the law. (xii) Place of arbitration - In all circumstances, the place and seat of arbitration shall be New Delhi, India. (xiii) Arbitration fees - Arbitration fees follow the Arbitration and Conciliation Act of 1996. Arbitrators aim to resolve cases within 120 days or as soon as fairness permits. 11. SECURITY That the participant hereby unequivocally agrees to deposit an amount as security (as provided in brochure or expressly provided) with the Organizers before starting of the Travel for future exigencies and expenditures. Such deposits are refundable within four (4) weeks after the end of the travel, in case not consumed. Participant must also provide the credit card authorization to the Organizers for such security purpose. Furthermore, in case of booking a vehicle through the Organizers, the Participant shall mandatorily pay a security amount as mentioned below towards expenditure(s) incurred for the repair/maintenance of the vehicle for the damage(s) caused during the travel and the same shall be refundable in the event such amount is not consumed for the aforesaid purpose as per this agreement. That in case car is Mahindra Thar car or alike car, the security amount shall be 250 euros and wherein car is Toyota Fortuner or alike car, security amount shall be 600 euros. In case of any damage, whether mechanical or physical, or visible through naked eye or not shall be initially set off towards the security deposit and in case, of damages in which cost of repair is beyond the security deposit, it shall be borne by the participants which in no case shall be beyond 1000 euros in case of Mahindra Thar car or alike car, and 2000 euros in case of Toyota Fortuner car or alike car. In case there is any variation in amount of security deposit, it shall be conveyed to the participants before the travel begins. 12. LIMITATIONS OF LIABILITY a. Except as otherwise expressly provided herein, the Organizers shall not be liable for injury, death, illness, damage, delay or other loss to person or property, or any other claim by any participants caused by act of god, war, terrorism, civil commotion, labor trouble, government interference, perils of the sea, fire, orders by government agencies restricting travel for any reason, public health emergency, or outbreaks of communicable disease, influenza, Covid-19, colds and norovirus, quarantines, national or regional emergencies, thefts or any other cause beyond the Organizers’ reasonable control, or any other act. b. Participants hereby agree that they shall be solely liable for any injury, death, illness or other loss during the Travel. The Organizers are not responsible for participant’s use of any athletic or recreational equipment; or for the negligence or wrongdoing of any independent contractors/ vendor, including but not limited to car vendor, hotel staff, photographers or entertainers; or as part of any excursion, tour or activity. c. The Organizers hereby disclaim all liability to the participants for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to the participants, nor the result of participants having been at actual risk of physical injury, nor were intentionally inflicted by the Organizers. Without limiting the preceding provision, in no event will the Organizers be liable to participants for any consequential, incidental, exemplary, or punitive damages. d. The Organizers shall not be held liable for any shortcomings or failures in services provided by third-party service provider, including but not limited to vendors, contractors, or service providers engaged by the Organizers. Any issues arising from the performance or non-performance of third- party services shall be the sole responsibility of the respective third party, and the Organizers shall not be responsible for any damages, losses, or expenses incurred as a result. By engaging with the Organizers, the Participant hereby acknowledges and agrees to hold the Organizers harmless from any claims, demands, or liabilities arising from such third-party services. e. On both domestic and international Travels, the Organizers shall be entitled to all liability limitations and immunities for death and/or personal injury of the participants or vehicle or third-party party provided under any law or regulations in the event of accidents. Under any law/ circumstances, if the participant proves before the competent judicial authority/ forum that the incident was a result of the Organizers’ fault or neglect, then the liability shall be limited to the insurance taken by the Organizers and in any other case the Organizers’ liability is limited to not more than U.S $5,000. f. In case of any untoward/unlawful act/behavior done by any crew member of the Organizers which does not form part of their duties, the Participant must, at the first instance, intimate the Organizers via text, email or call, regarding such act(s). Furthermore, the Organizers shall not be liable for any act/conduct of any crew member which goes beyond the boundaries of the duty of such crew person, and that such erring crew member shall be amenable to be prosecuted under the appropriate law(s) of the land. g. Except in the case of personal injury, illness or death of a participants, or where this agreement expressly provides otherwise, participant agrees that, to the fullest extent permitted under applicable law, the Organizers’ aggregate liability to participants shall be limited to a future Travel credit not to exceed the value of the Travel fare paid to the Organizers for the Travel. h. Liability for damages/ repair of vehicle – 1. Where vehicle is owned by the participant - Cost of repair/ damages shall be borne by the participant whether or not he was driving the vehicle at the time of damage to the vehicle. the Organizers shall not be liable towards any kind of damages to the vehicle whether or not negligent act was by the parties. Participants cannot claim any cost or damages from the Organizers in any circumstances 2. Where vehicle is provided by the Organizers - Vehicle is provided by the Organizers, through their vendor. That the co-passengers shall not be liable towards the damages owing to the negligent act of the driving participant. In any other circumstances, co- passenger shall be liable only to the extent of their security deposit towards the vehicle and the cost over and above the security shall be borne by the participant who was driving the vehicle. In case where the driver cannot be ascertained, the cost of repair / damages shall be borne equally by all the participants travelling in the vehicle. In case where the day of damage during the travel cannot be ascertained, then all the participants in the travel shall be equally liable to bear the cost of repair/damage. In any circumstance, the Organizers shall not be liable for the repair / damages of the vehicle. All the cost of repair/ damages shall be paid to the Organizers within one week of raising of such bills by the Organizers. 3. Crew Vehicle of the Organizers - Participants will not be allowed to drive the crew car but in exceptional circumstances wherein participant is travelling or driving the crew car and a damage is caused to the crew car, then the cost of repair / damage shall be borne in terms of Clause 2 hereinabove. i. Obeying the traffic laws of the concerned country – All traffic violations by a Participant shall be notified to the authorized representative of the Organizers as soon as possible within the prescribed deadline for the violation. All traffic violations will be the responsibility of the Participant if they occur during the time period during which the Participant is responsible for the Organizers vehicle. In the event of any fines or penalties imposed by any Governmental Authority for traffic violations, the same shall be borne by the Reserving Participants. The Participant shall not leave a vehicle in a zone which has parking restrictions. If the Participant leaves the vehicle in such a restricted zone, the Participant must immediately notify the Organizers, and shall be responsible for any and all violation notices or towing charges incurred by the Organizers. j. Third-party beneficiaries - The exclusions and limitations of liability of the Organizers set forth in the provisions of this contract (including, but not limited to, those contained in this section) as well as all rights, defenses and immunities set forth in this agreement (including, but not limited to, the forum selection, time limitation, and governing law provisions contained in section 10) shall also apply to and be for the benefit of certain designated third-party beneficiaries by the Organizers which include the vendors, subsidiary, affiliate, and successor companies and assigns of all the entities including the officers, directors, employees, agents, crew and all agents, independent contractors, suppliers, and staff, tour operators, and other third-party service providers for service provided during Travel. 13. FITNESS TO TRAVEL; DENIAL TO TRAVEL; MINORS a. Fitness to travel - Participant warrants that he/she and those traveling with him are fit for travel and that such travel will not endanger themselves or others. b. Minors – All participants shall be above 18 years of age and any participant under the age of eighteen (18) shall be considered a minor and must travel with a parent or legal guardian or such other person as may be permitted by the Organizers’ policies. The accompanying adult participant also agrees that, under no circumstances will a minor be left alone, without supervision. c. No Drinking / No Smoking - No participant shall consume any alcoholic beverages/intoxicants or smoke while driving during Travel or even while sitting as a co-passenger in the vehicle. No participant shall drive under the influence of alcohol or any other inebriating substance. the Organizers follows strict NO DRINKING /SMOKING in vehicle policy. The participant under the age of twenty-one (21) shall not consume alcohol under any circumstance. the Organizers may prohibit or restrict participants from bringing any alcoholic beverages for consumption during Travel. d. Pregnancy and infants - Pregnant women who will enter the twenty-fourth (24th) week or more of the estimated fetal gestational age at any time during the Travel will be ineligible for the Travel and agree not to book the Travel. No infants under a specific age of twenty-four (24) months shall be booked on a Travel, nor brought on the travelling vehicle under any circumstance. Women with 8 weeks pregnancy should disclose about it at the time of booking and not later so that Organizers can make appropriate arrangements. She must also take a fitness certificate to take up the Travel issued by her gynecologist/a registered medical practitioner and thereafter, certify to the Organizers that she is fit to undertake the Travel and the activities therein. e. Special needs - Any participant with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Travel, shall notify the Organizers of any such condition at the time of booking, in failure to do so, the Organizers reserves right to remove such participant from the travel/ Travel. The participant acknowledges and understands that certain international safety requirements, standards, and/or applicable regulations in Travels, which may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Participants requiring the use of a wheelchair must get their own wheelchair (that must be of a size and type that can be accommodated on the vehicle). Person with special needs must travel with a friend or legal guardian or such other person as may be permitted by the Organizers. Furthermore, any complaints/grievances pertaining to the Travel shall be promptly brought to the Organizers’ notice at the site itself, for easy redressal, and that undue delay in such notification shall disentitle the Participant from raising any claims in the future. f. Road worthiness – Participants undertake that in case of self-owned vehicle of participant, vehicle will be of road worthiness i.e., fit to be driven on road, at all times during the Travel as per law of the country wherein the vehicle is travelling. In case, vehicle is found to be unsafe, unfit, or unworthy to be driven on road, the Organizers shall disallow the vehicle to be part of convoy until vehicle is made road worthy. Expenses for the same will be borne by the Participant. In case, Vehicle cannot be repaired to be driven again on road, such vehicle will be transported back to the domicile country of the Participant at the cost of the participant and in all such cases, the Organizers shall not be liable to refund or compensate the Participant. In case of vehicle provided by the Organizers, at the time of taking possession of a Vehicle, it shall be deemed that every Participant has satisfied himself as to the road worthiness of the vehicle. It is advised to the participant to do an exterior walk-around and an interior look-over of the vehicle, coupled with satisfaction as to the requisite documents pertaining to the car, including car insurance, registration certificate of the vehicle, license, etc. before taking its possession. In case any abnormality or damage is found, Participant shall be required to intimate the Organizers at the earliest of any such damage or abnormality encountered on the vehicle or in the operation of the vehicle prior to commencement of the travel. During the travel, the Participant is required to report to the Organizers immediately any condition that impairs the driving functionality and/or safety of the vehicle, such as performance changes, inappropriate noises, smells or driving feel, including but not limited to warning lamps, indicators, poor driving feel or external or internal damage that renders the vehicle unsafe/unworthy of being driven on road, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass etc. Participant shall be solely liable for repair of such damage(s). The Participant shall be responsible for any costs that can be attributed to mechanical failure due to normal usage for which the vehicle was designed for and the participant shall be charged or obliged to get it repaired if the damage is due to any abnormal usage. g. Policy violations - The Organizers shall have the right to deny the Travel to a participant for violation of any terms contained and policies described under this Agreement. If the Organizers exercises its rights under this section 13 for violations of any terms contained in this Agreement, participants shall have no claim against the Organizers whatsoever and the Organizers shall have no liability for refund, compensation, loss or damages of participants, including but not limited to any expenses incurred by participants for accommodations or repatriation. 14. TRAVEL AND OTHER ACTIVITIES RISK DISCLOSURE AND ACKNOWLEDGMENT Participant agrees to read the description in the brochure and mails carefully of activities to be taken up during the Travel, before commencing the Travel. Not all activities are available on all Travels offered by the Organizers., including but not limited to airborne diseases like influenza, covid-19, colds and norovirus. Participant agrees and acknowledges there may be a risk when participating in the Travel and its activities including but not limited to communicable illnesses and the consequences caused by climatic factors such as: frostbite, heat stroke or sunstroke, dehydration, hypothermia, blindness due to refraction or ophthalmia from the snow and altitude sickness or acute mountain sickness, as well as high altitude pulmonary and cerebral edema. In addition to reading the warning and acknowledgement of risk below, participants agree to convey to every participant named in their booking, including minors. Participant may engage in supervised or unsupervised sporting activities and must consider their own physical fitness and ability before participating. Participants must wear footwear and clothing appropriate for the activity and follow posted rules or direction of staff. Age restrictions may, however, apply for certain activities or competitions. The Travel is taken up voluntarily by the participant and is not suitable for all persons. Participants may suffer all kind of minor or serious physical injuries which may also lead to death in some cases. In furtherance of the provisions contained in Section 5(d), the Participant shall, at the time of signing of this Agreement, nominate a family member/friend along with their contact details, who shall be notified by the Organizers, as an emergency contact person. It is further clarified that in the event that the Participant is not in a condition to incur any expense and consequently the Organizers bear any such expense(s) on behalf of the Participant, such as fines/tickets, medical emergency expenses, including but not limited to ambulance/hospital/treatment charges, preservation/transportation/funeral of the mortal remains of the deceased Participant, etc. such costs/expenses shall be reimbursed to the Organizers by such nominated family member/friend. It is further clarified that the Organizers owe no duty to bear any expenses on behalf of the Participant except that such bearing of costs would be gratuitous and on humanitarian grounds, and the same shall be recoverable. The Participant further certifies that he had informed the nominated family member/friend about the present agreement and travel. 15. USE OF PHOTOS, VIDEOS OR RECORDINGS a. Capture and use of likeness – The organizers during the travel will photograph and video graph the whole event and will share the best of it with the participants at the end. In case any Participant does not wish to feature in such Photograph or Videography, he/ she may refuse in writing for the same, in any other case Participants hereby grants to the Organizers, and others working for the Organizers or on its behalf, the unrestricted legal right and permission to visually and audio visually record, capture, photograph. The Participant hereby further grants the Organizers, its parent, subsidiary/affiliated companies, and their respective collaborators, agents, affiliates, legal representatives, and others working with or for them or on their behalf, and their respective licensors, licensees, successors or assigns the full, irrevocable, exclusive and unrestricted right to use, print, produce, publish, copy, display, perform, exhibit, transmit, broadcast, disseminate, market, advertise, sell, lease, license (with the right to sublicense), transfer, create derivative works from, publicly display and otherwise, severally or in connection with any and all photographs, films, and/or other recordings taken and/or made of or by me in connection with the Travel on a perpetual, worldwide, royalty-free basis, in any and all media now known or hereinafter devised, for any lawful purpose whatsoever including but not limited to in connection with the advertising, promotion, marketing and publicity of the grantees, and to permit others to do the same, which right shall include the full right and permission to edit, change or substitute any and all captions or photos participants may use, take or post in connection with this agreement. b. Ownership of materials - The Organizers shall exclusively own all now known or hereafter existing intellectual property rights and interests (including the copyright, and all other allied and/or ancillary rights and interests) of every kind throughout the world, in perpetuity and in all languages, pertaining to the materials and any other results and proceeds hereunder (such “results and proceeds”, including, without limitation, all copyrights and renewals and extensions thereof). If under applicable law the foregoing is not effective to place authorship and ownership thereof and all rights in the results and proceeds in the Organizers, then by way of assignment and transfer of present and future copyright and otherwise, participant hereby irrevocably grants, transfers, sells, and assigns to the Organizers, all right, title and interest therein, whether now in existence or hereafter created, including, without limitation, all rights of ownership and authorship in and to the results and proceeds and all versions thereof throughout the universe and in perpetuity to the Organizers (or its designee). Without limiting the generality of the foregoing, participant hereby grants the Organizers the right to change, add to, take from, translate, reformat, or reprocess the results and proceeds in any manner the Organizers may in their sole discretion determine. c. Requirement of the Organizers’ consent – The participant hereby agrees that any recording (whether audio or video or otherwise) or photograph of participants, other participants, crew or third parties created or made during or in connection with the Travel, or depicting the vehicles, its design, equipment or otherwise, shall not be used for any commercial purpose, in any media broadcast or for any other non-private use without the express prior written consent of the Organizers in each instance. 16. SEVERABILITY If any part of this Agreement is determined to be invalid or unenforceable under applicable law including or be so held by any applicable arbitral award or court decision, but not limited to, the warranty disclaimers and liability limitations set forth above, then such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole but invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue to be in effect. 17. TRANSFERS AND ASSIGNMENTS The booking of the Travel cannot be assigned, sold or otherwise transferred by the participant. Among other things, this means that the participants cannot sell or transfer the Travel booking to someone else, and the Organizers shall not be liable to the participants or any other person for honoring or refunding such fees of the Travel when presented by such other person. the Organizers may assign, convey or transfer its rights in this agreement to any parent, subsidiary or affiliate of the Organizers who is scheduled to operate the Travel at the time of the Travel. 18. ACKNOWLEDGMENT AND CONSENT By my signature below, I verify that I have read, understood and will abide by this agreement and its addendum. I acknowledge all the terms and conditions and signing voluntarily.