Legal
(draft copy of contract)
WHEREAS the organizer, has offered their services to the client to organize a guided tour as per the itinerary attached along with this MOU, in lieu of the payment mentioned in the same.
AND WHEREAS the client, has accepted the organizers services for a guided tour with all the inclusions and exclusions and the payment terms and conditions mentioned in the itinerary attached along with this MOU,
NOW THIS INDENTURE WITNESSETH AS BELOW:
1. The organizer has curated and presented the itinerary to the client with all its inclusions, exclusions and payment terms after due diligence and recce of the routes, facilities and offered services.
2. The client has accepted the services presented in the itinerary with all its inclusions, exclusions and payment terms offered by the organizer.
3. The client has paid the booking amount of INR xx,xxx/- (Rupees xxxx xxxxxxxx Only) to the organizer and will pay the rest in accordance of the schedule of payment mentioned in the itinerary.
4. The organizer is responsible for the arrangements and provisions as per the itinerary, on the date mentioned on the same.
5. The client is bound to adhere to the itinerary with its routes, properties and timings.
6. The organizer has planned all the routes, places to visit, eat, stay and activities on a timeline to ensure a safe and enjoyable trip. Unless situations dictate to the contrary, all efforts will be made to stick to these parameters and will be changed only if the organizer finds it adequate to make any changes. Suggestions are welcome but the final call will be made my the organizers at their discretion.
7. The client is responsible to intimate the organizer in advance of any existing medical condition, planned deviations, dietary restrictions/preferences, accommodation preferences etc. and will get a confirmation of the same in writing from the organizer. Any additional expenses incurred by the organizer for the above mentioned conditions will be forwarded to the client.
8. The organizer will conduct a briefing at the start of each day to make the clients aware of the plan for the day and route precautions. The clients will make sure they are present for the briefing on time so as not to inconvenience other clients or disrupt the days’ schedule.
9. The organizer will be carrying a first aid kit, water bottles, common medicines, puncture kit, car recovery kit and other convenience tools for predictable situations. These tools will be made available to the clients if and when needed at no additional cost.
10. NO alcohol is allowed in any of the vehicles, as well as the designated drivers are not permitted to drink heavily 12 hours before a long day of driving. Alcohol consumption is permitted is designated areas and relaxed days. Kindly check with the organizer for the same. A violation of this term will lead to immediate termination of this contract as well as the trip for the concerned client without any refund.
11. All payments made to the organizer are non refundable unless the trip is cancelled by the organizers or within the refund policy.
12. The organizer, will provide the services on a best effort basis. Any changes in the itinerary due to unforeseen circumstances will be informed to the client and alternate arrangements shall be made. However the organizer will not be responsible for cancellations, delays, deviations etc., that may be caused due to but not limited to political situations, weather conditions, acts of God, mechanical failures, government instructions etc.
13. The organizer will give instructions at the start that will apply to the entire trip and some instructions will be given as per the terrain and locality. The client is to adhere by these instructions to ensure the safety and security of the entire group.
14. The client is responsible to take care of their belongings. Any loss, theft or damage will not be the responsibility or liability of the organizer.
15. In a road trip that involves driving, the clients are responsible for having all the documents like Driving license, PUC certificate, registration card and insurance. Similarly the vehicle should be well maintained and a proper check up of all crucial parts like, engine and brake oil, air and fuel filters, brake pads, tire thread etc. From car mechanic to be conducted by the client minimum 7 days before the trip. In case of any critical failure of the car, the client will be responsible to repair and rejoin the group. All support will be provided on best effort basis by the organizer. However the resulting costs will be borne by the client.
16. The clients are expected to respect local cultures, safety guidelines and group schedules. Any unruly behavior or violation of rules may lead to removal from the trip without a refund.
17. ITINERARY
Route : xxxx – xxxx - xxxx – xxxx - xxxx
Dates: : xxth xxxx xxxx to xxth xxxx xxxx
1st day briefing : xxxx, xxxxxxxx, xxxxxx, xxxxxx.
Trip end location : xxxxxx xxxxx, xxxxxx xxxxx, xxxxxxx.
Cost : INR xxxxxxx per head (on twin sharing basis and
minimum of 2 people per car / bike)
17. A. Fuel: All vehicles will show up to the briefing area at the designated time and fill up their respective fuel tanks till auto cut-off at their own expense. There onwards the vehicles will be topped off with fuel as and when required by the organizer at the organizers expense. At the end of the trip, the organizer will fill up all the fuel tanks till auto cut-off at the organizers expense.
17. B. Hotel: All designated accommodation properties have been mentioned in the table below. All the properties are of good standard and generally 3 to 4 star hotels. In case of any unforeseen circumstances, alternate arrangements shall be made on best effort basis in a similar class of property. All accommodations are on twin sharing basis unless specified otherwise.
17. C. Tolls: The clients will be provided fast tag recharges at the start of the trip and topped up as and when required.
17. D. Vehicles: The clients will bring their vehicles of any category as this trip does not require any special abilities vehicle.
17. E. Food: Most of the food stops are of good standard and mentioned in the table below. The organizer is trying to provide a local food experience based on the place that we are at. All in dining expenses shall be bourn by the organizer. Takeaways are not included. Alcoholic beverages are not included. Clients are encouraged to avoid food wastage. Breakfast, lunch, evening brunch and dinner are included. Any room service or mini bar use are to be paid by the client at the time of check out.
17. F. Sightseeing: Most of the sightseeing points are mentioned in the table below. The organizer shall be providing information on the places being visited. If a place requires a guide, one shall be arranged by the organizer.
17. G. Schedule of Payments: Booking 50%, 20 days before the trip 25%, 10 days before the trip 25%.
17.H. Refund Policy: 21 days before the trip: 90% of booking amount
11 days before the trip: 60% of payments
10 days before trip: No Refund
17. I. Personal responsibility: The clients shall abide by all the laws of the land and practice good driving policy for the entirety of the trip. Any fines arising from breaking of the laws shall be the liability of the client. The client is also responsible to carry any medications that may be relevant to their personal health. The clients shall also inform the organizer in writing of any pre-existing medical conditions that may affect the client in activities during the trip. In case of an emergency, the necessary protocol will be followed by the organizer and all possible assistance shall be provided.
18. The organizer reserves the right to alter, modify, add or cancel any or entire part or parts of the itinerary without prior notice for the purposes of safety, security or adherence to the schedule timing.
19. Limitation of Liability: Before undertaking the Services, the organizer reserves the right to verify and examine the vehicles. All clients agree to defend, indemnify and hold the Organizer, their sponsors and/or affiliates harmless from and against any suits, claims, losses, damages and expenses, including reasonable legal fees that may arise from or in connection with the trip. The client also indemnifies the organizer from any claims arising from any accidents or situations leading to injuries or fatalities during participating in this trip or its related activities The Service Provider's liability shall be limited to its predefined services and no other liability, whatsoever, financially or otherwise.
20. Any disputes arising between the organizer and client shall be referred to an arbitrator at shared costs, failing which disputes will be pursued in the jurisdiction of Mumbai only.
21. Entire Contract: Notwithstanding anything contained to the contrary under any previous agreement whether verbal or written, work order etc., this contract with all its appendices shall constitute the entire agreement between the Parties as to the subject matter hereof and it cancels and replaces any prior oral or written agreement on the same subject.
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