PLEASE READ CAREFULLY AS OUR TERMS & CONDITIONS ARE BINDING
The purchase of any travel services offered by Turtle Trips Pvt. Ltd under the brand name the Active Holiday Company (hereinafter 'Active Holiday Company') constitutes a contractual arrangement between you and Turtle Trips Pvt. Ltd. and represents your unconditional acceptance of the terms & conditions set out herein. The terms and conditions shall be binding on you and all the travel companions booked by you and affect booked travellers rights, designate governing law and forum for the resolution of any and all disputes. Please ensure that you read carefully and understand these prior to booking as your booking represents your unconditional acceptance of all Active Holiday Company Terms & Conditions.
Payment of a deposit to book a trip either directly with the Active Holiday Company or its appointed agent constitutes a contract between you, any travel companions booked by you and the Active Holiday Company. Appointed agents selling Active Holiday Company tours are authorized to do so by way of written agreements with the Active Holiday Company. A booking is deemed accepted only when the Active Holiday Company acknowledges receipt of the deposit via email or an invoice. The Active Holiday Company and its agents reserve the right to decline any booking.All bookings are accepted on the basis that you agree to all the terms and conditions outlined herein. You are obliged to provide true, accurate, updated and complete information to the extent needed by us to process your reservation. While the Active Holiday Company will make all efforts to offer updated and correct information on its website, you agree to use the Active Holiday Company website on an 'as is' or 'as available' basis without warranties, at your own risk. The Active Holiday Company makes no guarantees on the content, quality, accuracy, completeness, effectiveness, reliability, appropriateness, usefulness of its website content or that the data or server will be uninterrupted or error-free. We reserve the right to refuse service to any traveller for any reason whatsoever, at any time before or during the trip.
Tour Operator Terms & Conditions:
Carefully selected partner companies that are specialists in their field manage the Active Holiday Company tours. Therefore, at times, in addition to the standard terms and conditions of the Active Holiday Company, the terms and conditions of other travel companies shall also apply. This is indicated under ‘Conditions’ on the trip pages on the website and you will also be advised of these at the time of confirmation of your booking. It is understood that you have and accepted these additional terms and conditions before booking your trip. The Active Holiday Company also represents and sells other International tour company products and in such situations your contract is with the International tour company and the Active Holiday Company is not liable for any services offered by other tour operator.
Services that are being offered to you are limited only to the those included in your booking confirmation / invoice and there is no verbal or written offer of any service other than the ones expressed in your confirmation. Suppliers, including but not limited to trains, cruises, ferries, accommodations, and restaurants providing the services and in the business of operating the tours come together to make up the complete trip offered by the Active Holiday Company. Though carefully researched and appointed, these are not owned, managed, or controlled in any way by the Active Holiday Company. They are local operators and third parties completely independent of the Active Holiday Company. Services sourced from such suppliers do not form any part of the services governed by these Terms and Conditions, even if the Active Holiday Company may use their services to fulfill your contract. In such cases, your contract for such services is with the supplier or service / tour operator of that activity and is subject to their Terms and Conditions, which is governed by their limitations of liability and the laws and regulations of the country they operate in. The Active Holiday Company is not responsible and liable for any deficiency for any act or omission or deficiency in the service of these suppliers and operators or their employees or agents or any other person(s) connected with them.
The information given in the itinerary is as accurate and updated to the best of our knowledge. However, itinerary and other website content is often supplied by third parties, prepared months in advance and circumstances can change due to events beyond our control. Therefore, the Active Holiday Company is not responsible for any errors or inaccuracies. However, we will do our best to correct errors once they are brought to our notice.
Fit enough to participate:
The Active Holiday Company offers vacations that require varied levels of fitness. The level of difficulty can be based on extent of physical stress, the terrain, weather and / or climate and the degree of difficulty for the specific trip and some trips can be physically demanding. To enable you to choose appropriately and prepare accordingly carefully review the level of difficulty of each trip before booking the same. If you have any doubts about a trip’s level of difficulty, please contact us prior to booking the trip. We will be able provide you with more details, however, we are not medical experts and it is your responsibility to obtain medical advice, the latest health requirements including inoculations and vaccines before you join a trip.
The Active Holiday Company takes no responsibility for your inability to cope with the level of difficulty on a trip. While most holidays do not require specific preparation, a reasonable level of fitness adds to your experience. The onus of being fit, healthy and in shape before getting on the trip rests with you.
While there are no age limitations on any of our trips, any disability, pregnancy, mental or physical or any other medical condition that may affect your fitness to travel must be revealed at the time of booking the trip. Failure to share this information with the Active Holiday Company can result in cancellation with full cancellation penalty. The Active Holiday Company reserves the right to refuse any traveller they feel may be unfit to travel or complete the trip.
All prices are per person based on double /twin occupancy and quoted in currency specified. Prices are valid only for the calendar year and itineraries, prices and inclusions for 2015 are indicative only. Modifications to the itinerary for any reason or a smaller group size may affect the published trip price and any increase must be borne by the traveller. Though the Active Holiday Company sells in different currencies Indian travellers are required to pay in Indian Rupees. The Active Holiday Company reserves the right to determine and apply the rate of exchange for any conversions. Prices are based on costs, local taxes and exchange rates known at the time of publishing / posting to the website and are subject to increase at any time, without prior notice, till the time the tour has been paid for in full. Once, the Active Holiday Company has received your full tour payment, you are secured against price fluctuations.Any increase in costs prior to the date of departure will be notified to you and additional costs will have to be borne by you. In case of a surcharge of more than 10% of the trip price, you may cancel the booking within 10 days and obtain a full refund. The Active Holiday Company will not increase prices within 30 days of departure. Prices cover land costs only and do not include airfare unless specified.
Payments made by credit card will attract credit card charges in addition to tour price. For Visa and Mastercard this charge is 2.75% and for American Express cards it is 3.5%. All prices exclude Service Tax and payments made in India are required to pay this in addition to the tour price.
Custom Trip Quote Deposit:
The Active Holiday Company provides custom quotes upon receipt of a non-refundable fee of INR2000 or US$35 per booking (comprising any number of travellers). This fee entitles you to a maximum of 3 iterations of your customised itinerary and costing. If you confirm a booking based on any of these iterations, the non-refundable fee of Rs 2000 / USD 30 will be deducted from the final cost of the booking. The validity of the price will be indicated at the time of quoting. Additional iterations will be treated as new Custom Trip request. Custom booking requests not accepted by travellers with the time frame indicated in the quote will result in the Active Holiday Company retaining the deposit towards administrative expenses.
Discounts and Promotions:
The Active Holiday Company reserves the right to introduce and withdraw any promotion or discount at its discretion. Discounts strictly apply to new bookings and bookings with paid up deposit are not entitled to the reduced pricing. Bookings cancelled to be re-booked attract cancellation charges.
Any reservation request sent by you including reservations made over the phone is binding. Your booking is subject to availability and is not confirmed until the Active Holiday Company has emailed you a formal confirmation. Please do not make any non-changeable arrangements pertaining to your trip until you receive your confirmation. Once your booking has been confirmed, the Active Holiday Company will communicate it to you in writing, provided the non-refundable deposit for your trip has been paid to the Active Holiday Company.
Inclusions & Exclusions:
Inclusions for each trip are different and the accommodation, meals, arrival or departure transfers, guides, entrances fees, equipment and baggage handling, if included, are as specified with the itinerary. Unless otherwise stated, insurance, international and domestic airfares, cost of obtaining passports and visas, airport departure taxes, excess baggage charges, gratuities to guides, drivers and camping staff, meals other than those specified in the itinerary, beverages, personal expenses such as laundry, phone calls and optional tour prices are excluded from your trip price.
While we endeavor to operate all our trips as described, the Active Holiday Company reserves the right, to change, modify, alter, cancel, add to and / or discontinue any service, itinerary, resort / hotel, and price at any time, as it deems necessary or desirable, without an obligation to provide you with notice or reason of any such changes. Changes may become necessary due to unforeseen circumstances or circumstances beyond the control of the Active Holiday Company. Changes may also be made for your safety or for maximizing on your experience. Where we may know of changes sufficiently in advance, we will notify you. Otherwise, our local representative or guide will inform you of the changes while on the tour. Every effort will be made to operate trips as planned, but alterations may occur even after the trip has started. Wherever possible, the Active Holiday Company will do its best to provide alternatives at no extra cost with the intention that the trip may continue, however, the Active Holiday Company reserves the right to pass on, to trip participants, any additional expenses or losses caused by delays or events beyond their control. The Active Holiday Company is also not liable to pay any compensation for any loss arising as a consequence of trip curtailment, alteration, extension or cancellation on account of reasons beyond its control and due to unforeseen reasons. Travellers are not entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances and you expressly agree that, in any event, the maximum liability of the Active Holiday Company will be limited to the trip cost.
You accept that the nature of the trips Active Holiday Company offers requires considerable flexibility and that you are agreeable to alternatives including but not limited to a change in route, schedules, itineraries, amenities and mode of transport, without notice if local circumstances, events or situations demand such a change.
Deposit & Payment:
For bookings made more than 45 days before departure, the Active Holiday Company requires a non-refundable deposit of US$250 or equivalent per person per tour, to confirm your reservation. The balance payment is required 45 days before departure. Failure to pay the balance due 45 days before departure will result in a cancellation of your booking. The non-refundable deposit collected will be treated as a cancellation fees in such a situation. For bookings made within 45 days of departure, full payment must be made at the time of booking. For all purposes, the Active Holiday Company will consider the funds as received on the date they are credited to its account and not on the date of the payment being made by you.
Deposit, payment and cancellation policy for certain tours, marathon tours, special departures, other brand tours, expeditions, may differ with regard to deposits due, full payment deadlines and these are specified on the itinerary pages when applicable.
Revision Fees, Name Change and Transfer of Bookings:
Please be as sure as possible of your plans when you book, as any change after the booking is confirmed is subject to availability and attracts a change fee of US$30 per person per change. Any change within forty five (45) days of departure is considered a cancellation and attracts standard and normal cancellation fees. Change in itinerary, destination and departure dates are not treated as amendments and attract cancellation charges, as they often lead to additional cost. Unless the tour conditions state that bookings are non-transferable, change of name and transferring the booking to another traveller is permitted up to 45 days before departure with the payment of the revision fees, plus any other charges levied by hotels, ground operators, airlines etc. Bookings cannot be transferred to other travellers within 45 days of departure. Name change and transfer of booking is not permitted when a flight, train or cruise service is included in the tour price.
Cancellation by you:
In the event of the cancellation of a tour, the following are payable in addition to other fees that we may have incurred such as visa fees, insurance charges etc. Total price does not include any discounts, promotions, or special incentives.
- Earlier than 45 days - Non-refundable deposit
- 45-22 days prior to commencement of services: 50% of total price
- 21-8 days prior to commencement of services: 75% of total price
- 7- to departure day and later: 100% of total price
All cancellations must be sent in writing to the Active Holiday Company and must be signed by / from the email address of the trip participant who made the booking. In case you have to withdraw from a tour after it has begun for reason such as illness, a medical certificate and other documents are necessary in support of any insurance claim, if applicable should be given. The date of cancellation will be the date on which it is received and acknowledged by the Active Holiday Company and cancellation fees will be determined based on this date. There are no exceptions or waivers to cancellation charges irrespective of the reason for cancellation; we therefore recommend insurance coverage to protect against tour cancellation charges. There is no refund for arriving late or leaving a trip early. Private room, extra night, airport transfers are considered part of the total trip cost and are subject to cancellation fees. Percentage charges are calculated on total trip cost. All other costs must be paid in actual.
Above cancellation chargesare applicable only to those trips where the website conditions for that trip do not specify any other condition or cancellation policy, including but not limited to time lines for cancellation and charges applicable.
Cancellation by us:
The Active Holiday Company reserves the right to cancel or reschedule any trip, for any reason including inadequate number of participants. Except in the case of Force Majeure or unforeseen circumstances outside the control of the Active Holiday Company - when we may cancel a trip any time prior to departure, cancellations will be made no less than 30 days before departure.
Participants will be notified of such cancellation in writing with an alternate date of departure, if available or an alternate tour, if available. You may accept this trip or request another trip of your choice. The difference in cost if applicable will have to be borne by you. If no alternate trip option suits you, we will refund the payments accepted by us towards your original trip price. The Active Holiday Company will, under no circumstances, assume responsibility for any additional costs, credit card charges incurred at the time of paying or any fees relating to the trip or for any travel arrangements including but not limited to flight cancellation, rail, visas costs etc. not made through us and other bookings made by you etc.
The company reserves the right to decide which cancellation situations deserve compensation and the value of such compensation. Cancellation policy for special departures may differ with regard to charges and these are specified on the itinerary pages if applicable.
Cancellation for non-payment:
If your trip dues are not paid for by the due date, the Active Holiday Company reserves the right to cancel the holiday and standard cancellation charges will be applicable.
Minimum age of the child allowed on a particular tour differs based on the travel style and destination. Please refer to the itinerary pages to choose an appropriate tour if you are travelling with a child. Travellers below 18 years of age must travel with and share accommodation with at least one adult over 21 years of age and a maximum ratio of two children per adult, per booking is permitted. The Active Holiday Company reserves the right to restrict the total number of children on any tour. The child prices are indicated with most itineraries or may be requested. Extra beds for children, even if they are below 12 years of age, may cost extra. Please consider the ability of your child before booking a trip as unutilised services are not refundable. Children are not permitted on certain tours and the Active Holiday Company reserves the right to deny participation to any individual below 18 years of age, if it is not convinced of the ability of the child or any reason. Children travelling with only one parent or without their parents are required to carry a notarized letter by the non-travelling parent or parent’s authorization the child’s travel.
Any special dietary requirements or meal request are accepted on a request basis only basis. Due to the remoteness and potentially extreme conditions on certain trips, the ability to accommodate special requests is limited and the Active Holiday Company cannot guarantee special meal requests nor assume any responsibility or liability if your special meal requests are not met.
Details of the accommodation included in your trip will be intimated to you at the time of booking. Our range of accommodation options is varied and depends on the destination and the tour style. Most of the Active Holiday Company trips are based on accommodations that reflect the local experience and at times, such accommodations frequently do not qualify for a star rating. Hotel rooms at times may also be unable to accommodate more than 3 persons. Triple rooms are usually the same size as twin rooms and an additional extra bed or a roll away bed is provided for the third person.
Early check in is not included in your tour price and the Active Holiday Company will do its best to facilitate this service with hotels; however, it is never guaranteed. Typical check-in time ranges from 1200h to 1600h. Should you wish to have an early check in guaranteed upon arrival at any destination. The Active Holiday Company can arrange this for an additional charge. Please ask for details and prices.
You may wish to arrive a day or two before the start of your trip to allow time to relax and refresh after your journey or even to explore on your own. Please ask for details at time of booking. Please consider possible flight disruptions and cancellations caused by inclement weather conditions, depending on the season of your travel at the time of booking your flights.
It is mandatory to have a comprehensive insurance policy cover for cancellation, medical expenses, personal accident, loss of personal baggage and money and public liability on all trips with the Active Holiday Company. The Active Holiday Company does not take any responsibility for personal belongings or valuables lost or stolen at any time during the trip as well as for loss or damage on account of wear and tear during travel. The Active Holiday Company reserves the right to refuse you on a trip if you do not have an adequate insurance policy. Proof of insurance must be arranged prior to departure and must cover you against personal accident, injury, death, medical expenses as well as loss of deposit or cancellation fees from trip cancellation and trip curtailment, theft / loss of luggage / personal effects. We require a mandatory insurance coverage of US$ 200,000 per person including Emergency Evacuation/Repatriation insurance. Proof of this is required prior to travelling. Insurance can be arranged through the Active Holiday Company.
Unless stated otherwise, flights are not included in the tour price. When we provide assistance with airfares and booking flights it is always additional to the tour price. Flight costs quoted by us are not guaranteed and flights will be reserved and issued only on receipt of full payment. Flight bookings made by us are non-refundable and non-changeable. Once issued, it is your responsibility to keep your ticket safely as well as ensure that the flight timings have not changed. We are not responsible for lost tickets and changed flight timings. When you make your own flight arrangements, the Active Holiday Company will not be responsible for losses from flight cancellation charges on account of changes in trip itineraries or travel dates. We recommend that you do not purchase airline tickets with high charges for changes and cancellation. It is your responsibility to check that flights match with your trip arrival and departure dates. By purchasing your flights through the Active Holiday Company, you waive all liability for the Active Holiday Company for this service. Airlines being independent operators that are not owned, managed or operated by the Active Holiday Company, your contract will be with the air carrier only, even if you purchase through the Active Holiday Company and it is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you miss your departure flight or connection, it is your responsibility to work with the airline to reach your destination. No refunds will be provided for portions of trips missed due to cancelled or delayed flights and the Active Holiday Company is not responsible for any additional expenses you may incur to join the trip.
Passport, Visa, Health Certificates & Travel Documents:
Please note that you are responsible for obtaining visas along with any other required documentation applicable for entry into your vacation destination, and for meeting all health and other requirements and any documents required by laws, regulations, orders, and/or requirements of the countries that are included in your trip. You are required to apply for your own visa. It is your responsibility to provide all the required documents for processing the visa in a timely manner if you have engaged the services of the Active Holiday Company to process your visa. The Active Holiday Company is not liable if the consulate, for any reason whatsoever, rejects the visa application made by you or the Active Holiday Company on your behalf. Standard cancellation policy applies in case you have to of cancel on account of visa rejection. Visa charges are non-refundable.
A valid passportwith a validity exceeding at least six (6) months after the return of your journey is the standard requirement for most countries. Your passport should also have sufficient blank pages for visa and immigration stamps. Multiple-entry visas may be required for some vacations. The Active Holiday Company is not responsible if you are denied entry to a country for non-compliance of these requirements or for any other reason. A copy of your valid passport must be submitted to the Active Holiday Company for records.
Packing lists given by the Active Holiday Company are purely advisory and we are not responsible for errors or omissions as a result of you following them. All travel documents including travel certificates, flight tickets, vouchers, itineraries and invoices are sent via email once the full payment is received, approximately 2 to 3 weeks before departure. Travel documents that need to be sent by courier are at an additional charge depending on the country these are to be sent to. Please ensure that you check the most updated Trip Information at least 72 hours prior to the trip to appraise yourself of any minor changes that may have been updated after the travel documents are mailed to you.
You are responsible for verifying the correct dates mentioned on the travel documents and you are responsible for your personal health being adequate to meet the physical demands of a particular trip. You also undertake that you and your travel companions, for whom you have signed up, do not suffer from any condition or disability that could create a hazard to your own wellbeing or to others on a trip. The Active Holiday Company reserves the right to decline accepting and / or removing from a trip, any participant, at his or her sole expense, whose condition could create a hazard to any other member of the trip, including themselves. You shall be solely responsible for compliance with the laws of each country you visit, including all traffic regulations. Please verify the rules and regulations of each country you visit. Please note that we do not provide helmets on all of our cycling trips and you are required to carry your own.
While on tour, any dispute on services included and delivered must be brought to the attention of the tour leader or the Active Holiday Company local representative for immediate resolution. Failure to attempt resolving it whilst on tour will diminish the traveller’s ability to claim compensation for service deficiency. In case of a continued disagreement of the situation, you must obtain a written statement from the local office detailing the issue and submit it to firstname.lastname@example.org or mail us at the registered office within 15 days of the end of the journey, along with your complaint. This is mandatory for the Active Holiday Company to take up the matter with the local suppliers to help you resolve the issue. Complaints received any later than this specified period will not be accepted for investigation or compensation.
Baggage handling and assistance may or may not be included and when not included participants are expected to handle their own luggage. Please read the trip inclusions to know if porterage is included on your trip. Weight restrictions apply on most routes and are fairly stringent on some routes especially those that include regional air flights. We recommend that your baggage does not weigh more than 10 kilos on our trips. Baggage and personal effects are at your risk throughout the trip. You are solely responsible for your personal belongings while on-trip. The Active Holiday Company is not responsible for the loss of baggage, goods, air tickets, passport, cash, traveller's cheques, or any other travel document or item owned by you while on tour, whatever the cause. Please check with the airline directly for other baggage restrictions applicable to your international flights.
Gratuities and Tips:
Gratuities for professional guides, hotel / restaurant staff, drivers, driver-guides and camp staff, trackers and porters is not included. Although it is at the traveller's discretion to offer these, based on the level of satisfaction with the service, it is customary to pay these and we recommend that you budget for these to be paid at the end of the trip or upon receiving the services, as the case may be. You may contact us for recommended guidelines for your trip.
The Active Holiday Company reserves the right to take photographs of you during any trip or part thereof and to use them for promotional purposes. By booking a trip with us, you automatically grant us royalty-free, perpetual, worldwide and irrevocable license for using your images in photographs and videos that may be used for promotional material, website, social media, collateral and any other marketing and publicity materials.
The Active Holiday Company does not require your prior consent and does not need to compensate you for such use of your photographs or videos. Should you have any reservations about your images not being used, please inform the Active Holiday Company at the time of booking your trip. Pictures used on the website and collateral are meant for marketing purposes. These do not imply the inclusion of the pictorial content to be a part of your vacation or any guarantee that you will experience, encounter or view whatever is depicted through the pictures.
Punctuality is valued on our trips and the Active Holiday Company is not liable for any losses, including refund, for missed services that are a result of your late arrival at a designated time and place. All travellers are required to behave in a manner that is acceptable and conducive to group travel if you are on a guided trip. We reserve the right to remove any participant causing distress or annoyance to co-travellers or who may endanger or damage property of any supplier or to other travelling companions, without assigning any reason whatsoever. No refund for unused services is possible in such cases.
Authority on Guided Trips:
You agree to comply with the laws, foreign exchange and drug regulations of all countries you will be visiting and to follow our responsible travel guidelines. You also agree to abide by the authority of the group leader designated by the Active Holiday Company. The decision of the tour leader is binding on all participants on matters that affect the safety or well-being of any person participating in the trip. Behaviour that causes danger, distress or annoyance to others, decision or interferes with the mobility of the group can result in the group leader terminating your participation from the trip, with no right to refund for missed or unused services.
Our trips are not guaranteed to operate unless the trip specifies it and unless the minimum group size specifically stated has been met. At times, departures may operate with just one traveller. Guaranteed Departure dates are only mentioned on the website. Any other source of this information including our brochures and other printed materials are subject to change. Guaranteed departures are subject to cancellation in force Majeure and other situations beyond the control of the Active Holiday Company, that may make it necessary to cancel the trip.
You are solely responsible for ensuring that you are ready for the trip in every way, including physical and mental conditioning. You are also expected to carry the right clothing and equipment, apart from that being provided by the Active Holiday Company or its suppliers and partners.
Optional activities do not form part of the trip or this contract. You agree that any assistance provided by us, our ground handling partners or any representative of the company does not render us liable for them in any way. Your contract for such activities will directly be with the activity provider and you hereby release the Active Holiday Company from all claims and causes of action arising as a result of your participation in these.
Claims and Refunds:
Refunds are not possible for any missed or unused services including voluntary termination / departure from tour on account of sickness, death of a family member etc. late arrival on the tour, premature departure voluntarily or involuntarily. For refund claims to be considered, they must be received in writing within ten (10) days after the end of a trip and be accompanied by supporting documentation and/or a statement from the local tour operator representative verifying the claim. Any refunds considered, will be based on the actual price of the services only. And the decision of the company on the quantum of refund shall be final. There is no refund payable for partially utilized ground arrangements.
The Active Holiday Company is not responsible for refund of fees charged by third parties during the tour. There is also no refund if you do not utilize any service included in the trip cost including meals, rooms, excursions etc. Nor can any refund be made for lost, mislaid or destroyed travel vouchers. There shall be no refund if you fail to join a trip at the commencement of the trip, or join late or leave before culmination of the trip. The Active Holiday Company will not accept any liability for any claims that are not received within 10 days of the termination of the trip. Refunds, if any, are payable directly to tour participants by the Active Holiday Company. It can take up to 45 days to process such refunds. All refunds due to Indian nationals resident in India will be made in INR only, at the rate of exchange prevailing on date of refund. Refunds to travellers in other countries will be made in the same forex denomination in which the payment was received. The refund will be in favour of the traveller directly, irrespective of the booking channel. All refunds exclude charges applied to credit card transactions at the time of making the payment.
The Active Holiday Company is a travel organizer only. We do not control or operate any airline, hotel company, restaurant, attraction, transport, or any other facility or service mentioned in our itineraries. The Active Holiday Company has taken every reasonable step to ensure that the trip preparation meets the required standard. We have carefully selected our service providers and ensured that service-descriptions are accurate, but because we only select and inspect them and have no control in their management and running, we cannot be held liable for injury, damage, loss, accident, delay or irregularity which may be arise (directly or indirectly) through acts or deficiencies of suppliers engaged in delivering a specific service. Terms and conditions of suppliers when applicable are expressly indicated when they are.
The liability of the supplier may be limited or excluded and determined by their local laws and regulations, as may be their service. Standards of hotels, transport safety, hygiene varies and areoften not comparable to many western countries or bigger cities. The Active Holiday Company is also not liable, in addition or beyond the suppliers liability, for non-performance by the individual service providers, be it through wilful or negligent acts and/or omissions of their suppliers or their employees, agents, or representatives including, without limitation, their failure to deliver partial or inadequate delivery of services.
The Active Holiday Company shall not accept any liability or responsibility for any damage, loss, injury, accident, death, delay, breakdown or irregularity, which may occur while carrying out the tour arrangements that arises as a result of any reason that is not the fault of the Active Holiday Company or its retailer acting on its behalf or that of another supplier of services. These include reasons attributable to the traveller, or to any third party, or unforeseeable or unavoidable circumstances that couldn’t not be foreseen or forestalled despite everyone’s best efforts.
In the event of a traveller falling ill or suffering any accident during the journey, all hospital expenses, doctor fees, repatriation expenses, any other charges incurred as a direct or indirect result of your illness / accident are the travellers responsibility. The Active Holiday Company reserves the right to claim any additional expenses incurred due to delay or changes in train, airplane, bus, ship or other service, weather conditions, strikes, war, quarantine, any other cause whatsoever and all such loss or expenses must be borne by you. You expressly agree to indemnify the Active Holiday Company against all third-party claims, actions, damages and remedies which may be brought against us by anyone in respect of your participation in the holiday. You agree that you will not hold the Active Holiday Company, its agents, employees and representatives liable for any accident, injury, costs, property damage, theft or personal loss.
Release of Liability:
You accept that the very nature of active, adventure travel requires a degree of personal risk. You are likely to visit places where political, cultural and geographical attributes present certain risks, dangers and physical challenges. By booking a tour with the Active Holiday Company, you accept that you are aware of the personal risks, dangers and challenges attendant upon such travel and that you assume the risk involved. You hereby assume all such risk and release the Active Holiday Company from all claims and causes of action arising from such damages or injuries or death resulting from these inherent risks. It is your responsibility to familiarize yourself with customs, weather conditions, physical challenges and laws in effect as well as your local embassy contacts in each destination.
Your acceptance of the tour terms and conditions automatically implies your acceptance of the participation declaration given below. Your acceptance also implies that travellers booked by you have also read and agreed to these terms and conditions. You assume all liability for travel companions booked by you.
‘I agree, warrant and covenant that I hereby, for myself, my heirs, executors, administrators and assigns, and anyone entitled to act on my behalf, release and discharge the Active Holiday Company, its representatives, agents and employees, from any and all claims of injury or damages suffered by me as a result of my participation in a trip with the Active Holiday Company. I am aware that activities of all nature, including but not limited to cycling, trekking, hiking, running, water-sports are potentially hazardous if one is not medically fit and trained. I assume all risks associated with my activity based vacation, including but not limited to, falls, contact with other travellers, the effect of the weather, traffic, conditions of the roads and trails and all such risks and dangers that are inherent with unconventional holidays.
I understand that I am travelling to geographical areas where standard of accommodation, transport, safety, hygiene, medical facilities and infrastructure development may not be of the standard that I am familiar with. I also understand the proper physical conditioning required for me to take this trip and I hereby certify that I am in physical condition and good health to undertake this trip. I am also undertaking that I have provided details of any pre-existing medical conditions I may have.
Further, I agree that optional activities are not part of the trip and that these are provided and managed by independent operators. If I elect to partake in any such activity, I will be assuming full responsibility for any risks involved during these’.
Limits on Active Holiday Company's Responsibility:
The Active Holiday Company its employees, shareholders, officers, directors, successors, agents and assigns, do not own or operate any entity which is directly engaged in providing services on your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result the Active Holiday Company is not liable for any negligent or wilful act of any such person or entity or of any third person. In addition and without limitation, the Active Holiday Company is not responsible for any injury (including emotional distress and physical injury), financial or physical loss, death, illness, inconvenience, financial costs both direct and indirect incurred, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to the commencement of the trip being affected by acts of God or force majeure, illness, disease, acts of war, damage or other loss or detriment to person or property caused by Act of God, civil unrest, insurrection or revolt, animals, strikes or other labour difficulties, war or war like operations, civil commotions, criminal or terrorist activities or threat thereof of any kind, overbooking or downgrading of services, food poisoning, mechanical breakdowns or failure of any transportation mechanism to arrive or depart on time, interference by authorities, political disturbance, however and wherever they may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause.
There are many inherent risks in active touring of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that some of these trips can be to remote locations, far from medical facilities. Travellers explicitly assume all such risks associated with participating in this program.
To the extent that an Implied Warranty cannot be excluded, the responsibility and liability of the Active Holiday Company, in the capacity of tour organizer, is strictly limited to no more than the tour price paid by the trip participant. Claims for indirect consequential loss, loss of profits or economic loss and for indirect, special, punitive or exemplary damages, however they may be caused, excluded as the Active Holiday Company takes no responsibility for it. The Active Holiday Company can under no circumstances be held responsible for damage caused by a trip participant's unauthorized action, or damage caused by third parties, natural disasters, force majeure or occurrences over which the Active Holiday Company has no influence or control.
In case of any dispute between you and the Active Holiday Company directly or indirectly relating to any terms and conditions set herein, the Active Holiday Company shall endeavor to amicably settle and resolve any dispute or difference arising out of or in relation to this contract, failing which either party may refer such dispute to arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and the Rules hereunder. The venue of arbitration shall be Bangalore and arbitration shall be conducted in English.The decision of the arbitrator shall be final, binding and non-appealable except in case of manifest error. Judgment upon the award may be rendered in competent courts in Bangalore, or any application may be made to such courts for judicial acceptance of the award and an order of enforcement, as the case may be. In those instances where the dispute or difference referred to arbitration relates to or involves any matter or thing in respect of which the decision, opinion or determination of the Active Holiday Company is final and binding on parties in terms of the contract, such decision, opinion and/or determination as the case may be, shall be final, binding, and not subject to arbitration. The arbitration award shall be binding and enforceable, and the prevailing party shall be entitled to an award of costs and reasonable attorneys fees.
Content, including pictures, descriptions, information, design elements and other graphics on the Active Holiday Company website are protected by proprietary laws including but not limited to copyright, trademark, patents, intellectual property etc. The website also includes third party content that is owned by them in a similar manner. You are not allowed to copy, change, claim, and display or reuse in any manner, any parts of any content without prior written permission.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
All terms and conditions stated herein are governed by the laws of the Republic of India. All online bookings are deemed booked in India and are subject to Indian law and jurisdiction. Any disputes, claims and actions against the Active Holiday Company must be submitted under the jurisdiction of the courts at Bangalore only.
These terms and conditions are subject to alteration and updates at any time and the latest version may be found on the Active Holiday Company website www.ActiveHolidayCompany.com.You explicitly agree that you haveread and accepted the terms and conditions set herein.
Registered Address: 55, 17th Cross, Malleswaram, Bangalore, INDIA