INTRODUCTION:
As with any service, certain legally binding terms and conditions apply to The Tiger Safari’s services too. Please be sure to read this before availing of any of our services – don’t worry; the Terms and Conditions are written in simple English without excessive legalese. By availing of any of The Tiger Safari’s services, therefore, you implicate that you agree to the Terms and Conditions. We can’t see why you wouldn’t, because they are entirely fair. The Tiger Safari shall, however, not be liable for any consequences arising out of your failure to fully read and understand the Terms and Conditions.
GENERAL INFORMATION:
The terms and conditions (the “Terms”) on this website, https://www.thetigersafari.com (the “Website”) are made available to the customer (hereinafter referred to as “You”, “Your”, “Yours”, “Customer”, “Customer’s”, “Participant”, “Participants” or “Participant’s”).
We are The Tiger Safari Tours LLP a Limited Liability Partnership incorporated pursuant to section 12(1) of the Limited Liability Partnership Act, 2008, India. Our corporate office address is Plot No. 222, Ravindra Nagar, Adhartal, Jabalpur, Madhya Pradesh – 482001, India (hereinafter referred to as “The Tiger Safari”, “The Tiger Safari’s”, “We”, “Us” or “Our”).
These terms and conditions are subject to change. The Tiger Safari reserves the right to amend any part of the terms and conditions anytime without express or advance notice
If you have any questions, complaints or comments on the Website then you may contact us at [email protected], use the “Contact Us” feature on the Website or use the alternative modes of correspondence enlisted on that page.
WEBSITE TERMS:
The website, www.thetigersafari.com, is operated and owned by The Tiger Safari Tours LLP. The Tiger Safari and the The Tiger Safari logo are the exclusive registered trademarks of The Tiger Safari Tours LLP, we do not accept any liability for:
– damage to Your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and – any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium) While we endeavour to correct any errors or omissions as soon as possible once they have been brought to our notice, we do not promise that the information on the Website will be free from errors or omissions.
We constantly seek to improve this Website and if the need arises, we may suspend access to the website. Accordingly, some of the material on the website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.
SERVICES AND PRODUCT TERMS AND CONDITIONS
- GUIDED PHOTOGRAPHY TOUR TERMS AND CONDITIONS
- CUSTOM VACATIONS TERMS AND CONDITIONS
- PRODUCT TERMS AND CONDITIONS
GUIDED PHOTOGRAPHY TOUR TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
The Tiger Safari Tours LLP, (“The Tiger Safari”) arranges group tours, adventure travel, photography tours or trips, safaris and expeditions in India and abroad. You voluntarily desire to participate in a group tour, adventure trip, photography tour, safari or expedition arranged by The Tiger Safari. In consideration of The Tiger Safari’s agreement to allow you to participate, you agree as follows:
You understand that you are required to read carefully and sign the Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before The Tiger Safari can accept a deposit confirming your reservation. You understand that The Tiger Safari will assist or advise you with pertinent information regarding passports, visas, and domestic/international health requirements, but it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. The Tiger Safari recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance, as you may deem necessary for your travel.
AWARENESS OF RISK:
You are aware that group tours, adventure travel, photography tours/trips, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involve inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours/trips, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in and outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that The Tiger Safari purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, The Tiger Safari cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You are also aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION:
You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, whether for group tour, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for the right to participate in this trip, and the activities, services, and food arranged for you by The Tiger Safari, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless The Tiger Safari, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY:
In further consideration of, and as part payment for the right to participate in this trip, whether for group tour, adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for you by The Tiger Safari, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE The Tiger Safari, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in the group tours, adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that The Tiger Safari is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION:
Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Jabalpur, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS:
Refunds or adjustments will be made or any additional charges may be levied if The Tiger Safari changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. The Tiger Safari cannot accept responsibility for any personal item lost or damaged by fire or theft. The Tiger Safari may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION:
You acknowledge that you have carefully read this agreement, understand its contents, and understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. You acknowledge that The Tiger Safari Tours LLP is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
CANCELLATION AND REFUNDS:
In the event of a cancellation or modification of your confirmed booking, The Tiger Safari’s Cancellation and Refund Policy for Photography Tours will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD:
This service is considered delivered once you, as the Tour participant, complete the scheduled duration of the Tour as per the set itinerary. No requests for extension, modification or substitution of itinerary will be entertained in the event of the participant’s failure to attend a part or whole of the Tour after registration, and you agree that this does not constitute a breach of or insufficiency in service.
CUSTOM VACATIONS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
The Tiger Safari Tours LLP, (“The Tiger Safari”) arranges bespoke tours and vacations in India and abroad. You desire to avail of The Tiger Safari’s services in planning your customized vacation. In consideration of The Tiger Safari’s agreement to extend the service, you agree as follows:
You understand that you are required to read carefully and sign this Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before The Tiger Safari can accept a deposit confirming your reservation. You understand that The Tiger Safari will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. The Tiger Safari recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance as you may deem necessary for your travel.
AWARENESS OF RISK:
You are aware that adventure travel, photography tours, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that The Tiger Safari purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, The Tiger Safari cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also are aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION:
You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for The Tiger Safari’s offer to arrange your vacation, and the activities, services, and food arranged for you by The Tiger Safari, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless The Tiger Safari, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY:
In further consideration of, and as part payment for the The Tiger Safari’s offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by The Tiger Safari, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE The Tiger Safari, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by The Tiger Safari, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH:
You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that The Tiger Safari is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION:
Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Jabalpur, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS:
Refunds or adjustments will be made or any additional charges may be levied if The Tiger Safari changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. The Tiger Safari cannot accept responsibility for any personal item lost or damaged by fire or theft. The Tiger Safari may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION:
You acknowledge that you have carefully read this agreement, understand its contents, and understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. You acknowledge that The Tiger Safari Tours LLP is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
CANCELLATION AND REFUNDS:
In the event of a cancellation or modification of your confirmed booking, The Tiger Safari’s Cancellation and Refund Policy for Custom Vacations will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD:
This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by The Tiger Safari. The Tiger Safari will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.
PRODUCT TERMS AND CONDITIONS:
The Tiger Safari makes t-shirts, caps and photography accessories and may offer other products (“The Tiger Safari Product”). In lieu of the sales transaction, you agree to the following terms:
WARRANTY: TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. THE TIGER SAFARI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, THE TIGER SAFARI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT TIGER SAFARI’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.
The Tiger Safari warrants The Tiger Safari Product against defects in materials and workmanship when used normally in accordance with The Tiger Safari’s published guidelines for a period of THREE (3) MONTHS from the date of original retail purchase by the end-user purchaser (“Warranty Period”).
If the Product is found to be defective in spite of the exclusions listed below, The Tiger Safari will repair the Product to restore it to a pristine condition or replace it with a new unit. The decision to repair or replace will rest entirely with The Tiger Safari and at the discretion of its authorised representatives.
This warranty does not apply: (a) to cosmetic damage, including but not limited to scratches, dents and superficial peeling of the cloth; (b) to damage caused by use with another product; (c) to damage caused by accident, abuse, misuse, liquid contact, fire or other external causes; (d) to damage caused by overloading or mishandling the Product (e) to a The Tiger Safari Product that has been modified to alter functionality or capability without the written permission of The Tiger Safari; (h) to defects caused by normal wear and tear or otherwise due to the normal ageing of the Product; or (i) to a non-genuine Product, i.e. a Product not purchased directly by The Tiger Safari.
The Tiger Safari’s Warranty applies to only original The Tiger Safari Products, manufactured, branded, marketed and sold by The Tiger Safari. The Tiger Safari may from time to time offer products not originally manufactured or owned by The Tiger Safari, through an affiliation or partnership with the product owner/original seller. In such cases, the warranty, if any, of the original product manufacturer will apply/prevail, and any claim against defects in the product will have to be made to the manufacturer directly.
LIMITATION OF LIABILITY:
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TIGER SAFARI IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OF IMAGES; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF REPAIRING THE THE TIGER SAFARI PRODUCT.
The Tiger Safari shall not be held liable for any damage to property, personal injury or damage to equipment being used with The Tiger Safari Product, that may occur during the use of the Product in line with or in violation of The Tiger Safari’s suggested way of use.
You agree to use the Product in full compliance with the law and to not employ it in any nefarious, illegal or malicious acts and that The Tiger Safari shall not be held liable in any way for the consequences arising out of such use.
CANCELLATION AND REFUNDS:
In the event of a cancellation of an order or return, The Tiger Safari’s Cancellation and Refund Policy for Products will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
