Registration Form

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Choose your Expedition ^*—Please choose an option—Supercar Drive – The Alps Edition- Season 3Road to Lhasa

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Terms and Conditions*
Important Notice For Participants This contract is important and participants are request to carefully read all terms contained herein. Having read and understood the terms and conditions set out in this contract, you expressly agree to the same, and that you 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 AOPL for the Travels covered by this contract. The terms and conditions set forth in this contract constitutes the entire agreement between AOPL 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 AOPL, its parent, subsidiary or affiliated companies, or any of their respective employees, or third persons such as travel agents or a third-party reseller. AOPL merely acts as a facilitator by connecting the participants with the respective third-party service providers like car vendors, hotels, restaurants, etc. AOPL bears no responsibility for the marketing or performance of any third-party amenities and disclaims any liability to participants for the same. AOPL 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. 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 AOPL brochure. In the event of any conflict between the brochure or materials on the website and this contract, 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 use of the masculine shall include the female gender as well. Notwithstanding, other policies referenced herein, communications from AOPL, and other posted notices may interchangeably use the term customers as well 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 AOPL 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 in-bound (within a country itself), cross-border (across various countries) in self-owned or rented vehicle. g. third-party service providers shall mean the service provider whose services AOPL is facilitating for the participants and is unrelated with the AOPL. h. transport means and includes the cars, rails, airplane, buses and other modes of transportation or accommodation. i. Travel means and includes the road trips, tours and vacation packages, whether or not tailor- made, organized by AOPL, whether domestic or international as covered by this contract, and the same may be modified by AOPL and shall include that period during which the participant joins and leaves. j. 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 AOPL for the Travel which includes things listed in the brochure. b. Travel fare excludes all other things which are not included as per brochure or is not expressly promised in writing before the commencement of the travel. c. Travel fare is a tentative amount taken by the AOPL for the services it renders and that the same may vary in the event of any unforeseen situation(s) and circumstance(s) which may occur before, during or after the travel and such extra expenses while dealing with the exigency shall be borne solely by the participants. d. Travel fare excludes all the taxes, fees and the fuel charges which shall be borne by the participants during the Travel except as otherwise expressly provided. e. The participant shall pay the Travel fare to AOPL for the Travel at the time of booking in full or as per the schedule. Moreover, AOPL also reserves the right to collect all charges for entertainment, goods and services incurred by participants, or incurred by AOPL on the participants behalf. f. Participants acknowledges that in the event that payment for Travel fare has been made to third- party reseller, AOPL 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), fireworks, live animals, weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or AOPL policy. Marijuana or any other prohibited drugs 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. 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 AOPL in advance of the Travel if there is any question as to the permissibility of taking any item or substance on Travel. AOPL reserves the right to refuse to permit any participants to take part in Travel if deemed inappropriate. b. Liability for loss of or damage to participants property - AOPL shall neither be responsible nor liable for any loss of or damage to the participants property, whether contained in luggage or otherwise. Liability for loss of or damage to participants property shall be the sole responsibility of the participant. c. Limited carriage - AOPL does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables. Each participant warrants that no such item will be carried during the Travel, and hereby absolves AOPL from any liability whatsoever for any loss of or damage to such items. In no event shall AOPL be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications or other valuables even if they are deposited with AOPL during Travel against receipt. 5. PUBLIC 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 with their respective personal physicians. 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 AOPL crew travels with participants, AOPL do carry a first-aid kit for basic medical needs but it may not be sufficient in all circumstances. Participants are advised to carry their own medications as per their personal needs with doctors 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 AOPL, 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 AOPL, inasmuch as AOPL is not a medical provider. AOPL assumes 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 AOPL 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 AOPL. 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 AOPL 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 AOPL and any costs associated therewith. If the participant is unable to pay and the AOPL pays for such expenses, AOPL reserves the right to recover the aforesaid expense subsequently as reimbursement of the same. e. Health, travel and risk acknowledgement The participant acknowledges, understands and accepts that while undertaking the Travel or during activities, participants may be exposed to communicable illnesses, including but not limited to airborne diseases like influenza, covid- 19, colds and norovirus. The participant further understands and accepts that the risk of exposures to these communicable illnesses and others are inherent in most activities where people interact or share common facilities, is beyond AOPLs control, and cannot be eliminated under any circumstances. Participants knowingly and voluntarily accepts these risks as part of this contract, including the risk of serious illness or death arising from such exposures, and/or all related damages, loss, costs and expenses of any nature whatsoever. That the participants also acknowledge the risk involved 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. Participants are advised to take prior consent from the doctor for these health-related concern. 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 participants convenience and are at participants 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 AOPL. Even though AOPL 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, AOPL does 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 AOPL be liable for any loss, delay, disappointment, damage, injury, death 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 participants 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 participants country, prior to the Travel. 7. CANCELLATION, DEVIATION, OR SUBSTITUTION BY AOPL a. Cancellation by AOPL generally - AOPL has 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, participants sole and exclusive remedy shall be for the disbursal of a refund or future Travel credit for all or the proportionate value of the cancelled Travel. AOPL shall have no liability for damages or compensation of any kind. AOPLs right to cancel this agreement shall be in addition to AOPLs right to cancel the Travel. b. Deviations by AOPL - AOPL may, for any reason, at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled Travel. AOPL 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. c. Cancellation or deviation by AOPL caused by circumstances beyond AOPLs control - If AOPLs performance hereunder is hindered or adversely affected, or in the opinion of AOPL is 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 AOPL considers 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 AOPL 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 AOPL. e. Substitution and transfers - In case where vehicle has been provided by AOPL, AOPL has the right to substitute the vehicle for any other vehicle or means of transportation, regardless of whether owned or operated by the AOPL, and to re-berth participants thereon, without liability or compensation to participants of any kind. AOPL shall further reserves the right to transfer participants and/or participants luggage to other vehicle or means of transport, whether by air, land or sea toward the final point of destination. Transfers for the convenience of participants shall be at the sole and exclusive cost to participants. f. Compliance with government orders - AOPL 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, AOPL 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 AOPL whatsoever. c. Other cancellation charges - For cancellations of items facilitated by AOPL 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. PARTICIPANTS 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 not engage in any indecent/immoral/unlawful act(s) with co-participants and the crew members. If any participants contravene. AOPL holds right to remove the participant from the travel at his cost and further, AOPL cannot be held liable for the same. 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 AOPL such documents as and when asked for. AOPL shall return such travel documents to participants by no later than the end of the Travel. e. Participants understands and agrees that AOPL follows 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. AOPL may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a quarantine, search the room, property or baggage of any participants, change a participants 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 when, in the sole opinion of AOPL, the participants 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. h. Participants, or if a minor, his parent or guardian, shall be liable for and indemnify AOPL, and its vendor from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the vehicle, AOPL or its vendor arising from or related to participants 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. AOPL 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. AOPL 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. AOPL 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 participants 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 AOPLs written permission, then the AOPL holds 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 AOPL in the event it pays such fine or penalty. l. AOPL 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 participants refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a participants refuses upon request to produce positive identification; or (iv) for failure to comply with AOPLs rules and procedures, including, for example, AOPLs participants health, safety and conduct policy; or (v) participants 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 participants consent or knowledge. n. If AOPL exercises its rights under this section 9, participants shall have no claim against AOPL whatsoever and AOPL 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 AOPL for personal injury, illness or death of any participants at any point of time. (B) For all other claims: Participants cannot sue AOPL 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 is forever barred, regardless of any conflicting laws. (iv) Class and representative action relief waiver- Participants can only bring claims against AOPL individually. Even if the law allows otherwise, participants agree that any arbitration or lawsuit against AOPL must be pursued individually, and they waive any right to participate in class or representative actions. Class action suits against AOPL are explicitly barred. (v) Mandatory arbitration of certain claims for all Travels - Participants and AOPL 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 AOPL must be arbitrated, broadly interpreted to include: Claims related to the agreement, Travel, purchases, or any aspect of the participant-AOPL 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 AOPL's 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 AOPL's 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 AOPL should be sent to their office address in Gurugram, India, 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 AOPL 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 AOPL for such security purpose. Furthermore, in case of booking a vehicle through AOPL, the Participant shall mandatorily pay a security amount 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. 12. LIMITATIONS OF LIABILITY a. Except as otherwise expressly provided herein, AOPL 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 AOPLs reasonable control, or any other act. b. Participants agrees to solely assume the risk of injury, death, illness or other loss during the Travel. AOPL is not responsible for participants 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. AOPL hereby disclaims 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 AOPL. Without limiting the preceding provision, in no event will AOPL be liable to participants for any consequential, incidental, exemplary, or punitive damages. d. AOPL 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 AOPL. Any issues arising from the performance or non-performance of third-party services shall be the sole responsibility of the respective third party, and AOPL shall not be responsible for any damages, losses, or expenses incurred as a result. By engaging with AOPL, the participant hereby acknowledges and agrees to hold AOPL harmless from any claims, demands, or liabilities arising from such third-party services. e. On international Travels, AOPL 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 participants prove before the competent judicial authority/ forum that the incident was a result of AOPLs fault or neglect, then the liability shall be limited to the insurance taken by AOPL and in any other case AOPLs 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 AOPL which does not form part of his duties, the Participant must, at the first instance, intimate AOPL via text, email or call, regarding such act(s). Furthermore, AOPL 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, AOPLs aggregate liability to participants shall be limited to a future Travel credit not to exceed the value of the Travel fare paid to AOPL 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. AOPL 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 AOPL in any circumstances 2. Where vehicle is provided by the AOPL - Vehicle is provided by the AOPL, through its vendor. In case any harm or damage is caused to the vehicle and any other amenities provided therewith, including any damage which do not appear to the naked eye, the participant who was driving the vehicle shall be solely liable towards the cost or repair/ damages. 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, AOPL shall not be liable for the repair / damages of the vehicle. All the cost of repair/ damages shall be paid to the AOPL within one week of raising of such bills by AOPL. 3. Crew Vehicle of AOPL - 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 ii hereinabove. i. Obeying the traffic laws of the concerned country All traffic violations by a Participant shall be notified to the authorized representative of AOPL 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 AOPL 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 AOPL, and shall be responsible for any and all violation notices or towing charges incurred by AOPL. j. Third-party beneficiaries - The exclusions and limitations of liability of AOPL 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 AOPL 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 AOPLs 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 or do smoking 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. AOPL follows strict NO DRINKING /SMOKING in vehicle policy. The participant under the age of twenty-one (21) shall not consume alcohol under any circumstance. AOPL 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. She should provide a fitness certificate to take up the Travel from her gynecologist to the AOPL. 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 AOPL of any such condition at the time of booking, in failure to do so, AOPL 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 AOPL. 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, AOPL 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, AOPL shall not be liable to refund or compensate the Participant. In case of vehicle provided by AOPL, at the time of taking possession of a Vehicle, it shall be deemed that every Participant has satisfied himself with 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 before taking its possession. In case any abnormality or damage is found, Participant shall be required to intimate AOPL 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 AOPL 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 - AOPL shall have the right to deny the Travel to a participant for violation of any terms contained and policies described under this Agreement. If AOPL exercises its rights under this section 13 for violations of any terms contained in this Agreement, participants shall have no claim against AOPL whatsoever and AOPL 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 Participants agrees to read the descriptions in the brochure and mails carefully of activities to be taken up during the Travel, before commencing the Travel. Participation in the Travels and the activities is voluntary. Not all activities are available on all Travels offered by the AOPL. Participant agrees and acknowledges there may be a risk when participating in the Travel and its activities. 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. Sporting activities include and are not limited to, any excursions involving animals, riding on animals, sky-diving, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity Warning/acknowledgment of risk in Travel - The Travel is taken up voluntarily by the participant and is not suitable for all persons. Participants may suffer minor or serious physical injuries or death. The risks of injury include (but are not limited to): broken bones, fractures, concussions, dizziness, motion sickness, dislocations, contusions, torn ligaments and tendons, sprains and strains, cuts to the head, body and/or limbs, bumps and bruises, property loss or damage, abrasions and/or lacerations. Although rare, catastrophic injuries may occur, and could include permanent disability, spinal injury, paralysis, or death. Participants elect to voluntarily participate in the Travel with full knowledge and acceptance of any and all kinds of risk associated with it. Parents and legal guardians travelling with minor children who engage in the Travel are deemed to have warned them of these risks and assumed the risk on their behalf. 15. USE OF PHOTOS, VIDEOS OR RECORDINGS a. Capture and use of likeness - Participants hereby grants to AOPL, and others working for AOPL or on its behalf, the unrestricted right and permission to visually and audio visually record, capture, photograph. Participants name, likeness, silhouette, photograph, picture, voice, actions, conversations, statements, appearances, biographical data, monikers, signature, endorsement, social media handles, any performance of any musical compositions, and/or other distinctive attributes of any kind related to participants and certain other intellectual property rights and characteristics and so-called publicity rights (collectively, likeness) and any result of participants appearance in any manner that AOPL desires, including but not limited to during or in connection with the Travel. Participant further grants AOPL, its parent, subsidiary and affiliated companies, and their respective agents, affiliates, legal representatives, and others working 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 exploit participants likeness, in whole or in part, 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 - AOPL 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 AOPL, then by way of assignment and transfer of present and future copyright and otherwise, participant hereby irrevocably grants, transfers, sells, and assigns to AOPL, 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 AOPL (or its designee). Without limiting the generality of the foregoing, participant hereby grants AOPL the right to change, add to, take from, translate, reformat, or reprocess the results and proceeds in any manner AOPL may in its sole discretion determine. c. AOPLs consent required - 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 nonprivate use without the express prior written consent of AOPL 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 AOPL 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. AOPL may assign, convey or transfer its rights in this agreement to any parent, subsidiary or affiliate of AOPL who is scheduled to operate the Travel at the time of the Travel. 18. ACKNOWLEDGMENT AND CONSENT 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. I confirm that I have obtained legal advice prior to signing this document.