Terms and Conditions

1. THE CONTRACT

Terms and Conditions All persons wishing to make a booking must carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, in person, or on the website www.odati.com, or by email or facsimile with Odati Adventures Private Limited (referred to as “OAPL” or “the Company or “We” or “Us”), you accept on behalf of yourself and all those named on the booking form including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation in writing or by email. It is at this point that a contract between the Company and the Client comes into existence. The Company reserves the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client” or “You”. All bookings are made directly with OAPL which sells the adventure trips described on the Company website or in OAPL brochures. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service(s) to be provided by OAPL is/are the tour(s) mentioned in the booking confirmation sent by OAPL to the Client.

2. ACCEPTANCE OF RISK

The Client acknowledges that the nature of the trip is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.

3. MEDICAL CONDITION & SPECIAL REQUIREMENTS

The Company must be notified in writing at the time of booking of any medical conditions, pregnancy, physically challenged conditions or any other mental and or physical condition which may affect fitness to travel and/or any medical condition. Some trips may be unsuitable for Clients due to age, mobility, pregnancy or physical or mental conditions. It is the Clients’ responsibility to check prior to booking. The Company may refuse to carry pregnant women or Clients with certain medical conditions. Depending on the medical conditions notified by the Client to the Company, the Company may ask the Client to produce a doctor’s certificate confirming that the Client is fit to travel. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that results in later cancellation will result in 100% cancellation fees being chargeable to the Client. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients’ special requests including dietary requirements, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from region to region and country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment or facilities available.

4. CLIENT DETAILS

In order for the Company to confirm and guarantee the Client’s travel arrangements especially in places where permits are required, the Client must provide all Client details detailed hereinafter in this clause and supporting documents with their final payment as per the dates specified. If the Client does not provide all Client details and supporting documents within 15 days before departure, an additional fee of Rs.500/- will be charged. In the event the Client details have not been received by the Company 7 days prior to the Client’s trip departure, the Company reserves the right to treat the booking as cancelled and the cancellation charges will apply as specified in clause 5c. below. Client details include signed Terms and Conditions and Waiver form and, copies of valid photo-identity card with address, Copies of Passport (for Foreign Tourists or wherever applicable) and Visa (for Foreign Tourists or wherever applicable).

5. PAYMENT TERMS AND CONDITION
5a. DEPOSIT REQUIREMENT

Advance Deposits and Payments: All trip bookings must be made at least on or before the date mentioned in the OAPL brochure. A booking can be confirmed only after receipt of the booking form and an advance of 50% of the total trip cost that includes a 10% non-refundable deposit. The Company reserves the right to modify the advance and the non-refundable deposit percentages for certain trips and same will be mentioned in the OAPL brochure.

Final Payment: Long Duration Trips (4 Days or above)
The balance 50% payment to be made at least 15 days in advance of the date of departure OR on or before the date mentioned in the booking confirmation communication sent by OAPL to the Client, whichever is earlier, failing which the booking will be considered cancelled unless indicated to OAPL by the Client in writing and OAPL having agreed to the same in writing. In such cases, cancellation charges will be applicable as per clause 5c below.

If booking is made 15 days or less prior to departure, full payment is due. The Client may be required to pay additional charges for booking on short notice towards inconveniences for acquiring services and permits.

Acceptance of the Client’s booking must be confirmed in writing or by email by the Company. The final invoice will be provided to the Client for the trip after the receipt of final payment only.

Final Payment: Short Duration Trips (Less than 4 Days)
For Short Duration trips balance 50% payment must be provided latest on the day of departure prior to planned commencement of trip failing which booking confirmation will be treated as cancelled and entire original deposit or amount paid as advance will be forfeited by the Client.

5b. GENERAL
All payments must be made in Cash / Cheque / Demand Draft or by Electronic Transfer Cheques / Demand Draft should be drawn in favour of “ODATI ADVENTURES PVT LTD”.

Account Name: Odati Adventures Pvt. Ltd.
Account Type Current
RTGS/NEFT IFSC:HDFC0001799
Branch: Jogeshwari – Vikhroli Link Rd
Email: jayeshm@hotmail.com Account No.
Account No. 17992020000046
SWIFT CODE: HDFCINBB
 
5c. PRICES AND SURCHARGES
The prices quoted by the Company for a trip will be valid till the date mentioned in the OAPL brochure and Company reserves the right to revise the prices after the said date. Further the Company reserves the right to increase the price up to 30 days before the trip departure date due to unfavourable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if any government action should require us to do so. The Company will absorb 2% of any such increase on the trip price. If the price increase is for more than 2%, then the whole increase will be charged to the Client. If any such increase is more than 10% of the trip cost, the Client may cancel the booking within 14 days of notification of the increase and obtain a full refund of all monies paid (excluding the non-refundable deposit). Cancellation requests must be sent to the Company by the Client in writing or by email.

5d. CANCELLATIONS
WHEN WE CANCEL
The Company reserves the right to cancel a confirmed booking. We shall not cancel your confirmed “Long Duration” trip less than 30 days before departure unless we are forced to do so as a result of Force Majeure (as defined in clause 14 below) or any other unusual and unforeseeable conditions beyond our control, the consequences of which we could not have avoided even with all due care. All “Short Duration” activities will be subject to cancellation if the minimum seat requirement is not filled up. If we cancel your trip (except where you have failed to make payment or as a result of Force Majeure as defined in clause 14 below) we shall offer you the option of purchasing an alternative trip from us of a similar standard to that originally booked, if available. If the chosen alternative is less expensive than your original trip, we shall refund the difference but if it is more expensive, we shall ask you to pay the difference. Alternatively, you are entitled to a refund of all monies you have paid to us save that paid for permits (if applicable) which can only be refunded if the refund has been made available to us. Except where we cancel for reasons other than those mentioned in this clause, you will not be required to pay any additional charge to the Company. The Company is not liable to pay any expenses and losses incurred by you as a result of any cancellation.

Where a significant element of the trip cannot be provided, we will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, we may provide the Client a refund of unused trip portions. Where a significant alteration of planned activity or cancellation occurs which is not due to Force Majeure (as defined in clause 14 below) or other circumstances beyond the Company’s control, the Company may offer compensation at its sole discretion.

WHEN YOU CANCEL
In-case you wish to cancel your confirmed “Long Duration” trip with us, then cancellation charges will be applicable as per following schedule:
Cancellation Period                                    Cancellation Charges Per Head
:-Less than 14 Days                                    :-100% of the trip price
:-14-29 Days                                               :-75% of the trip price

:-30-45 Days                                               :-50% of the trip price

More than 45 Days                                        25% of the trip price

In-case you wish to cancel your “Short Duration” trip due to any personal reasons, your initial 50% Advance with us will be forfeited by the Company. Further, the Client name will be recorded in our list of “Cancelling” members. If the name repeats in the “Cancelling” member list for the 3rd time, we reserve the right to seek 100% deposit with such clients for confirming any further bookings made.

5e. UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, which includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or voluntary or involuntary premature departure from the tour.

6. FLEXIBILITY
The Client appreciates and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. The Client also understands that the trip itinerary provided for each trip is merely representative of the types of activities contemplated. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

7. AUTHORITY ON TRIP
Every trip will be guided by experienced guide(s) and at all times the decision of the Company’s trip leader or representative will be final and binding on all matters likely to endanger the safety and well-being of the tour. By booking a trip with the Company, the Client agrees to abide by the authority of the trip leader or Company representative. The Client must at all times strictly comply with the laws, foreign exchange, prohibition, drug regulations and local customs of all countries/regions visited and you will indemnify and keep the Company and its directors indemnified for any claims, losses, damages and attorney fees arising out of or related to your non-compliance. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour; the Client must immediately advise OAPL. Should the Client fail to comply with the above or commit any illegal act when on the trip or, if in the opinion of the trip leader, the Client’s behaviour is causing or is likely to cause danger, distress or annoyance to others, the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused services or costs incurred or resulting from the termination of the travel arrangements. In case the participant declines to abide by the trip leader’s decision, the Client will solely be responsible for his/her well-being and the Company will not in any way be responsible for your safety or well-being.

8. CHANGES
8a. CHANGES MADE BY THE COMPANY
While the Company will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change (as defined hereinafter in this clause) the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid (excluding the 10% non-refundable deposit, Trip Cancellation of flights if any through OAPL/ Permit charges already paid) or accepting any alternative trip offered by the Company. If the major change is due to Force Majeure (as defined in clause 14 below) or other unforeseen circumstances, no compensation is payable by us to you. Some changes (which are not major changes) to the itinerary may happen on trip as a result of Force Majeure (as defined in clause 14 below) or any other unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the trip leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. Major change is a change that affects at least one in three full trip days of the itinerary.

8b. CHANGES MADE BY THE CLIENT
It is the endeavour of the Company to make the trip as comfortable as possible. For Clients seeking last minute changes and additions on-site based on individual preferences, the same may be done, if possible, after consultation with the trip leader at an extra cost that will be borne directly by the Client. The decision of the trip leader in this regard must be treated as final. The Company is not liable to provide you any refund for any unused service as a result.

In case any Client(s) decides to withdraw his/her/their participation for the trip as per itinerary after departure of the trip, the decision to strictly follow the itinerary will lie with the trip leader in consultation with the remaining members of the group. A last-minute change of venue and itinerary for the entire group in such circumstance can be made possible only when every participating member is agreeable and the trip leader explicitly expresses confidence for leading the group to the revised venue. Clients who have opted out of the trip in such case will themselves be responsible for their accommodation and return trip. OAPL will in no case be responsible for providing any support to you and/or any inconvenience caused to you in case of abandonment of the activity by Clients.

8c. TRANSFER TO ANOTHER TRIP (BY CLIENT)
A transfer from one trip to another can only be made prior to 30 days (60 days for Expedition Trips) before departure date only if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to deduct the non-refundable deposit amount of the first booked trip. Any request to transfer received less than 30 days (60 days for Expedition Trips) before departure will not be accepted by the Company. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current financial year (Apr-March) and may not transfer a booking to the next financial year. Any such transfers will be regarded as cancellations and cancellation fees will apply.

9. INSURANCE:
It is the Clients’ responsibility to obtain travel insurance with a minimum medical coverage of Rs. 10,00,000/- while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses and evacuation expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen when left unattended by the Client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses incurred by you due to ordinary wear and tear or due to Force Majeure (as defined in clause 14 below) or any other unforeseen circumstances are not reimbursable by the Company. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, home-stays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the trip does not include insurance and that the Client is required to obtain separate coverage at an additional cost. The Client must ensure that the insurer is aware of the type of travel to be undertaken during the trip.

10. STANDARDS ON TOUR
The Client acknowledges the quality of the products and services, including accommodations, transport and all other services related to the trip that are organized by the Company or its representatives are likely to be different in standard to what the Client may reasonably expect at home or while on conventional tours. Further, the Client understands, appreciates and accepts any variance in quality or level of service as a part of the adventure travel experience. All arrangements made by the Company are done so with best of intentions to match any description provided, however, the Client accepts that local conditions may influence products and services offered by the Company.

11. SUPPLIERS CONDITIONs
Airlines, railways, bus coaches, taxi services (either private or public), shipping companies and other suppliers have their own booking conditions or conditions of carriage and the Client will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at the Company’s offices, or at the offices of the relevant supplier.

12. LOCAL CONDITIONS
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and challenges greater than those present in his or her daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges and expressly accepts the risks, dangers and challenges associated with such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, challenges and laws in effect at each stop along the itinerary and are encouraged to locate or make contact with his/her local embassy or consulate in each destination prior to embarkation. The Company will not be responsible for any damage/s caused to the environment/property by the Client(s). Fines/penalties levied by local authority, forest department or any other party, private or public, on the Client towards any violations will be borne by the Client only.

13. LIMITATION OF LIABILITY:
THE COMPANY SHALL BE NOT BE LIABLE TO THE CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR ANY OTHER SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. The maximum aggregate liability of the Company to the Client for any claim under these Terms and Conditions shall not exceed fifty (50%) the total amount paid for the trip giving rise to the claim. This limitation of liability shall apply to all claims, whether based on breach of contract, breach of warranty, tort, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.

14. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE):
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labour difficulties - whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Company (“Force Majeure”).

15. OPTIONAL EXTRAS
Optional extras do not form part of the trip or contract. It is understood and accepted by the Client that any assistance given by the trip leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras may include rafting, bicycling, camping, camel rides, horseback riding, sightseeing flights and other extras that are not included in the trip price.

16. ERRORS AND OMISSIONS
Although the Company has made a concerted attempt to verify the accuracy of statements made in the OAPL brochure and the Company website, the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in the OAPL brochure or on the Company website.

17. PRIVACY POLICY
The Company will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the provision of the services requested. The Company will take all appropriate steps to protect Client’s personal information in their custody.

18. HANDLING GEAR AND EQUIPMENT
The Company at various times will be handing you gear and equipment towards fulfilment of the trip. You are required to handle the gear with care. Deposits and charges may be collected separately towards use or hire of such equipment. You are liable to pay charges or forfeit deposits towards damage of such equipment belonging to the Company or its agents.

19. GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this annexure shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.