TERMS AND CONDITIONS
TERMS & CONDITIONS
LOTUS INDIA ADVENTURES is a subsidiary of The Glorious Adventure Company.The purchase of any travel services offered by The Glorious Adventure Company or its subsidiaries (hereinafter with its owners, officers, agents and employees collectively referred to as “GAC”, Lotus India Adventures will be referred to as LIA) creates a contractual relationship between GAC/LIA and you (for and on behalf of yourself and all other customers/participants including riders and passengers for whom you are purchasing the travel package, herein referred to as "you" or "your”) the customer/participant in the travel package by GAC and represents your acceptance of the terms and conditions of your travel package set out herein (the “Terms and Conditions”).
‘The Website’ refers to the website of GAC; and LIA. "Tour’ refers to any holiday/tour/ you purchase from The Glorious Adventure Company; ‘our Services’ refers to any services provided by us to you in relation to and arising out of your tour/booking.
In order for your tour booking to be completed, you must indicate your acceptance of the Terms and Conditions by checking the appropriate box when paying your deposit for online reservations or, for reservations made by telephone, by signing and returning the Acknowledgment Form sent to you by GAC/LIA.
You are responsible for ensuring the accuracy of the personal details and any other information supplied in respect of yourself and any other person travelling on the tour. You must check all documents provided to us and booking information and confirmations received from us for accuracy and notify us as soon as possible of any errors. If any such errors prevent you from travelling on a tour, you will not be entitled to any refund.
You are advised to check on the GAC website located at www.gloriousadventurecompany.comor to request the latest version of the Terms and Conditions from GAC prior to booking your tour.
Having accepted the Terms and Conditions, you are unconditionally agreeing and consenting to be bound by these Terms and Conditions both in a personal capacity and where relevant, on behalf of any organisation you represent or by which you are employed.
The Terms and Conditions apply to all passengers named in your booking.
LOTUS INDIA ADVENTURES (LIA) is a trading style of GAC.
Your safety is of paramount importance to us. However, participation in a tour is entirely at your own risk. Any accident, bodily injury, illness or death to a participant your tour is not the responsibility of GAC.
- comply with the authority and decisions of the tour manager or representative appointed by us;
- abide by the laws of the country and/ or state in which the tour is conducted;
- help us to respect the laws and traditions of the countries that you visit;
- agree to abide by all applicable national and local laws, including smoking regulations, in public places during the tour;
- not smoke in any transportation that is exclusively provided by GAC whilst on a tour in any part of the world;
- ensure that your luggage does not contain weapons or ammunition, fireworks, illegal drugs, meat, fragile items, pornography or other items prohibited by local law or custom;
- be responsible for looking after your personal belongings whilst travelling. GAC shall not be held responsible for any personal belongings lost, stolen or left behind on any tour irrespective of the circumstances.
- not consume illegal drugs on a tour;
There may be times when the tour leader or manager or representative has to make a decision in your best interests or the best interests of the tour group. For the benefit of all participants, GAC/LIA reserves the right to discontinue the participation of any traveller whose conduct is deemed incompatible with the interests of the other participants. In such events, you will be responsible for your own repatriation and related costs and have no claims against us.
GAC/LIA reserves the right to decline, accept or retain any tour participant at any time.
Participation in a tour is subject to you:
- Undergoing a medical check-up from your General Medical Practitioner in advance of the tour and advise us thereafter of any issues which may be relevant to your health whilst travelling;
- Fully completing the booking form, which asks for details of your known medical conditions;
- ensuring you are aware of relevant information concerning possible risks to your health at your travel destination; for example the risk of acute mountain sickness if you are travelling to the Himalayas;
- reporting any physical or health condition or disability requiring special attention to GAC at the time the reservation is made;
THIRD PARTY SUPPLIERS / SPECIAL REQUIREMENTS
GAC/LIA takes pride in its selection process when it comes to choosing hotels and staff suppliers. We spend a lot of time on reconnaissance missions to hand-pick suppliers, rating them on reliability, hygiene and level of service.
GAC/LIA makes every effort to ensure the Services mentioned in the tour itinerary, such as restaurants, hotels and other food and accommodation establishments are of a good standard. However, GAC does not own these establishments and cannot not be held responsible if a service from a third party differs from that which is described in the literature or otherwise.
GAC /LIA will make reasonable attempts to accommodate the special needs of travellers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by other independent suppliers or service providers.
You must notify us at the time of your booking if any person intended to travel has reduced mobility so that we can advise if suitable arrangements can be made to assist.
LICENSE, IDENTIFICATION AND TRAVEL DOCUMENTS
You are responsible for verifying the dates mentioned on the travel documents and for obtaining and payment of all visas and entry documents prior to travel, and for meeting all health and other requirements and any obtaining in good time documents required by laws, regulations, orders, and/or requirements of the country in which the tour is conducted. It is your responsibility to comply with all passport, visa and immigration requirements. Your passport and travel documents must be intact; you may be refused travel if they have been tampered with.
You may be required to provide certain information to be sent to governmental authorities, border control and security agencies for the purpose of security and counter terrorism.
Photo identification and age verification is required for all trips. If you are denied entry into any country that is a part of the tour for any reason whatsoever, then GAC/LIA will not be liable to refund the amounts paid by you with respect to the tour.
You must have comprehensive travel insurance policy cover for your tour. As a minimum, the following should be covered by your insurance policy: Travel trip cancellation, medical expenses, personal accident and repatriation cover, general liability and damage or loss of luggage, money and public liability before registering for the tour.
Please note that your tour may include remote regions and it is your responsibility to ensure that the insurance policy you select includes full cover for the geographical areas and locations included. GAC/LIA cannot be held responsible if your insurance policy coverage is inadequate.
GAC/LIA reserves the right to not accept a booking if you do not have an adequate insurance policy.
You expressly agree to indemnify GAC/LIA against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the tour.
You are required to bring your insurance policy cover with you on tour. It is advisable to print photocopies of it and keep them in a safe place.
GAC/LIA reserves the right (at its sole discretion) to alter, change, curtail or cancel an itinerary and/or tour.
If as a consequence of “Force Majeure” (Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, destruction or damage to accommodation, craft or vehicle to be used in connection with a tour, riots, acts of civil war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a tour) or any other reason beyond the control of GAC, GAC is obliged or deems it necessary to curtail, alter, extend or cancel a tour, you shall not be at liberty to maintain a claim for compensation or otherwise for any loss, damage or injury arising as a consequence of the said curtailment, alteration, extension or cancellation of the tour.
GAC/LIA require a minimum of 4 (four) bookings in order to operate a tour. GAC’s obligation to provide a tour to you shall be contingent upon GAC/LIA receiving and maintaining that minimum number of bookings. In the event that the GAC/LIA does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers or otherwise, GAC/LIA shall be entitled to cancel, change, alter or curtail the relevant programme at any time up to 4 (four) weeks prior to the departure date with a full refund of the amount paid back to you and you shall not be entitled to make any further claim for loss, damage or injury arising as a consequence of cancellation, change, alteration or curtailment in these circumstances. GAC/LIA shall notify you within 7 (seven) days of any cancellation, change, alteration or curtailment necessitated by the foregoing circumstances.
If at any time during the four weeks immediately preceding the date of departure due to any reason other than occurrence of a force majeure event, there is a cancellation, alteration, change or curtailment relating to a tour which results in more than 18 (eighteen) hours change in the time of departure or a change in the accommodation offered some other material change which significantly alters the tour (“a Material Change”) GAC shall, if practicable, offer an alternative similar tour. You then will have the option of
- proceeding with the original, revised tour; or
- accepting the alternative tour; or
- receiving a full refund of the amount you have paid to us.
Unless within four days of us notifying you of a Material Change you contact us in writing to request a refund or accept or an alternative tour, we shall assume that you have accepted the original tour with the Material Change.
You acknowledge and expressly agree that, in any event, the extent of the liability of GAC/LIA shall be limited to the actual monies paid by you to GAC/LIA.
During local or national holidays or special events and religious occasions, certain facilities may be limited or not available. Alternatives may be offered whenever possible. GAC reserves the right to change tour routes and thus, change overnight accommodation venues, travel, food and/or other related services as necessary because of seasonal circumstances and extreme weather conditions in certain areas during the tour such as, for example, the Himalayas. In such circumstances, the GAC will endeavour not to change the character of the tour and to provide similar services. GAC endeavours to arrange tour dates in such a way that the weather conditions for a vehicle tour in the relevant touring terrain are favourable. However, GAC does not assume any responsibility for poor weather conditions that may occur and in this respect you have no claim of any kind whatsoever for reimbursement of the tour price or any other amounts. In cases of changes in the planned itinerary of a tour of the Himalayas due to adverse weather conditions, the tour may need to be redirected to other areas of the Himalayas.
BOOKING CHARGES, CANCELLATIONS AND REFUNDS
All tour prices are based on rates (including foreign exchange rates) known at the time of printing and expected to be in effect at the time of commencement of the tour. Prices are however, subject to increase without notice if such rates change prior to commencement of tour. The current price will be confirmed at the time of reservation. GAC/LIA reserves the right to change fees, charges and surcharges or to institute new fees, charges and surcharges at any time, for any reason, at its sole discretion, prior to any reservation.
Booking receipts and other documents will not be forwarded until full payment has been received by us. By making the payment to confirm your reservation and /or by making full payment confirming the booking of the tour, you shall be presumed to have accepted and agreed to the Terms and Conditions which are subject to amendment without prior notice.
If you fail to arrive at the specified time and date of the tour, then GAC/LIA shall not be liable to refund the amounts paid by you and/or for a repeat tour. In case you fail to complete the tour or leave before the completion of the tour for any reason, you will be liable to make your own arrangements with respect to transportation, lodging, food and motorcycle return, etc., at your own expense, unless prior arrangements have been made with GAC/LIA. You shall not be entitled to claim any refund in respect of nonutilisation of any part of the travel arrangements made by GAC/LIA.
BOOKINGS AND PAYMENT:
To confirm your reservation, a non-refundable deposit of 30% (thirty percent) (“Deposit”) must be made to secure the booking, upon the reading and understanding of these Terms and Conditions.
The Deposit must be paid a minimum of 2 (two) months prior to the commencement of the tour. Bookings after this cannot be guaranteed.
The remaining 70% (seventy percent) (“Balance Payment”) must be paid no later than 2 (two) months prior to the commencement of your chosen tour (“the Due Date”).
We may accept a provisional booking made within 2 (two) months of the chosen tour. In this event, full payment must be made at the time of the provisional booking. We will contact you within 14 days of your provisional booking to advise if it can be fulfilled. You will receive a confirmation of booking or notification that the booking cannot be fulfilled and, in that event, you will receive a full refund.
Payment may be made by bank transfer, credit or debit card or cheque. For bank transfers, all account information will be sent to you at time of booking. Once the booking has been confirmed by GAC/LIA, the non-refundable deposit is accepted as a first instalment of your tour price by GAC/LIA.
If after your booking has been confirmed, you wish to change to an alternate departure date or you wish to change to a different holiday, you may do so subject to availability of bookings and itinerary of new tours available in GAC brochures and updated on the Website. There will be an administration fee of £10 for each amendment or change made to your booking.
CANCELLATION BY US FOR NON-PAYMENT
With the exception of a provisional booking (see 7.1 above) made after the Due Date, if the tour is not paid in full for by the Due Date, you will be deemed to have cancelled the booking and GAC/LIA will retain the Deposit. No refund will be paid to you. At its discretion, GAC/LIA may the Balance Payment after the Due Date but, in this event, you must pay an administration fee of £10.
CANCELLATION BY YOU
The Deposit is non-refundable. Any cancellation of your booking must be notified by you in writing to GAC/LIA no later than the Due Date. In the case of cancellations made in writing no later than the Due Date, the entire Balance Payment or the part of it paid for by you, as the case may be, shall be refunded to you within a period of 45 (Forty Five) days.
In the case of any cancellation made later the Due Date no refund will be made. If for any reason you cannot complete the tour once started, then no money will be refunded.
Photographs, pictures, videos, audios or any promotional material appearing on our Website, brochures, advertising and/or publicity materials are used to display the excitement and experience of participants on tour. While on a tour, our tour managers, representatives, agents, employees, other external film, documentary or television crew/s, crews of other websites, communication or broadcast channels or any other medium for dissemination of information, members of the press, media, production houses, network and/or any other person/s duly authorised by GAC/LIA may take photographs and/or pictures, film videos or record audio of participants of the tour or other aspects of the tour for promotional, publicity or informational purposes using various photography, lighting, filming, recording, sound and/or other production equipment, apparatus, kits or accessories. These photographs, pictures, videos, audio and/or other promotional material may be used on the Website, other websites, media or broadcast channels, or in books, magazines, brochures, articles, newspapers, periodicals, on television, in documentaries and/or films or in advertising and/or any publicity material or mediums whatsoever by GAC/LIA and / or by any such organisations and / or person/s duly authorised by GAC/LIA. You expressly waive the condition of obtaining your prior consent and /or asking for payment/ remuneration in respect of such photographs, pictures, films, documentaries, videos, audios and/or other promotional, publicity and informational material/s.
We may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.
The Terms and Conditions will not apply to any contract for the provision of excursions or other leisure services.
DISCLAIMER OF WARRANTY:
You agree that use of the Website and our Services are entirely at your own risk. The Website and our Services are provided on an "As Is" or "As Available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. GAC has the right at any time to change, modify, add to or discontinue any service of GAC/LIA and GAC/LIA has no obligation to provide you with notice of any such changes.
DISCLAIMER OF LIABILITY
GAC/LIA and its owners, representatives and agents shall not be responsible for, and shall not accept liability for any claims, damages, losses, costs or expenses including any property damage or loss, personal injury, emotional distress, trauma, loss, damage, disease, sickness, or death:
- Which is attributable to you or any other passenger named in your booking; including but not limited to any negligence, breach of duty or failure by you to abide by the Terms and Conditions;
- Which are attributable to a third party unconnected to the holiday contact;
- Which are due to unusual and unforeseeable circumstances beyond our control and which not have been avoided even with the exercise of all due care;
- Caused by any event which we could not, even with all due care, foresee or forestall.
In addition, GAC/LIA will not be liable for:
- Any loss or damage to luggage or other property. (Please note that you are required to purchase travel insurance covering loss, damage or theft of luggage and personal belongings to participate on your chosen tour);
- Any loss or damage of valuables or money;
- Any loss caused to you on account of delayed arrival or delays at any airport or seaport or any road or railway;
- Delay, failure or loss resulting during a GAC/LIA tour due to the actions of hotel operators, airlines and other common carriers, other suppliers, or due to government action, mechanical breakdown, weather, labour disputes, terrorism, acts of war, acts of God, or any other causes beyond GAC/LIA's direct control.
- Any damage or loss caused to any motorbikes, vehicles and/or other property or any parts or appendages thereof whether belonging to you, GAC/LIA and/or third parties due to road or other accidents, crashes or collisions caused on the tour due to your fault, negligence or recklessness or attributable to you while engaged on or by reason of your participation on a GAC/LIA tour;
The amount of compensation payable by us to you for any claim not involving injury, illness or death is limited to £1,500 per person. This maximum amount will only be payable where you have experienced significant disruption/issues and you have received little or no benefit from your booking. You cannot make a double recovery by making the same claims and seeking recovery from us and another party or insurer.
In respect of any claims resulting from international travel by air, sea and rail, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements).
In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
GAC has taken all reasonable care to ensure that the information contained within the pages of the Website is accurate. However GAC does not accept liability for any errors or omissions, or for information which is out of date. GAC will use all reasonable endeavours to ensure that the information contained in the Website is accurate and updated regularly. In no event will GAC be liable to you or your organisation for any economic loss, loss of profit (direct or indirect), indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of the Website, its lack of availability, or for any information on Services obtained through the Website or otherwise arising out of use of the Website whether based in contract, tort or otherwise.
Under no circumstances shall GAC be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of our Services, whether the damages arise from use or misuse of our Services, from inability to use our Services, or the interruption, suspension, modification, alteration, or termination of our Services. Such limitation shall also apply with respect to damages incurred by reason of other Services received through or advertised in connection with GAC/LIA any links on the Website, as well as by reason of any information or advice received through or advertised in connection with The Website or our Services. These limitations shall apply to the fullest extent permitted by law.
Each participant accepts the risks and dangers that are present during any travel on motorcycles or other motor vehicle. These include but are not limited to travel over/through hilly or mountainous terrain, areas that have fallen timber, branches, stones, roots or other obstacles, hazards on any roads travelled, steep slopes or unstable ground that may cause a fall also, travel through snow, glaciers, canyons, crevasses, streams, rivers, lakes, or confrontations with weather, wild or dangerous animals, various health problems caused by extreme sun or heat, insect bites, fatigue, stress, dehydration, exertion, or high altitude due to lack of fitness. Each participant of the tour is also aware and acknowledges that participants may become lost or separated from the group, especially where communication is lost in areas that are remote or mountainous. These types of terrains or climates may cause further risk or danger due to extreme changes in weather without notice, making rescue very difficult if necessary should an accident or disaster occur.
EXCLUSIONS AND LIMITATIONS:
You acknowledge that the disclaimers and exclusions of liability set forth above represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, and shall be enforceable to the fullest extent permitted by applicable law.
You agree to defend and indemnify GAC/LIA, its affiliates, and/or their respective associates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
- you or on your behalf in excess of the liability described above;
- by third parties as a result of:
- your breach of this agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the Website.
GAC/LIA is committed to protecting your privacy and information. The information that we use is for the purpose of fulfilling our contract as a tour operator/ provider. Information may be made available to GAC/LIA employees, associates, consultants and accountants and legal advisors on a need-to-know basis. We may from time to time, make your information available to associated companies, a list of which can be provided to you on request. Any information that GAC/LIA holds about you and your arrangements will not be disclosed to any third party unless required by Law.
AMENDMENT AND MODIFICATIONS:
GAC/LIA may at any time modify these terms and conditions and your continued use of the Website will be conditional upon the terms and conditions in force at the time of your use. GAC will take reasonable steps to bring these changes to your attention.
The rights and remedies of either party in respect of these Terms and Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of these Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
If at any time any part of these Terms and Conditions (including any one or more of the clauses of these Terms and Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.
These Terms and Conditions contain all the terms of your contract with GAC/LIA relating to your use of the Website as well as your use of our Services. No other written or oral statement including statements in any brochure or promotional literature published by GAC/LIA will be incorporated into that contract or have any legal effect, and no party shall have any liability for such statement, unless they were made fraudulently.
LAW & JURISDICTION
The contract and booking conditions are governed by and construed in accordance with laws of England and Wales. In the case of any dispute that cannot be settled amicably, both you and GAC/LIA agree to submit to the exclusive jurisdiction of the courts of England and Wales.
GAC /LIA reserves the right, in its sole discretion, to terminate the provision of any of our Services at any time for any reason, including but not limited to any improper use of our Website or your failure to comply with these Terms and Conditions. GAC /LIA reserves the right to suspend/withdraw access to the Website without notice at any time and accepts no responsibility for these pages not being available at all times.
COMPLAINTS, SUGGESTIONS & COMMENTS:
Whilst on the tour, if you have any complaints in respect of the tour or the tour operator, you are requested to inform the GAC/LIA representative present during the tour. In case the complaint cannot be resolved whilst on the tour by our tour representative you are requested to submit your complaint to GAC at email@example.com within 28 (twenty eight) days of the date of the incident. GAC will not consider complaints received after the 28 (twenty eight) day period mentioned above.
If you have any questions or suggestions please feel free to email us at firstname.lastname@example.org