PLEASE READ CAREFULLY AS OUR TERMS & CONDITIONS ARE BINDING
The purchase of any travel services offered by Active Marathon Holidays Private Limited under the brand name Active Holiday Company (hereinafter 'Active Holiday Company') constitutes a contractual arrangement between you and Active Marathon Holidays Private Limited and represents your and all your travel companions unconditional acceptance of the terms set out herein.
Your Contract:
Payment of a deposit to book a trip either directly with Active Holiday Company or its appointed agent constitutes a contract between you, any travel companions booked by you and Active Holiday Company. A booking is deemed accepted only when Active Holiday Company acknowledges receipt of the deposit via email or an invoice. We reserve the right to refuse service to any traveller for any reason whatsoever, at any time before or during the trip.
Itinerary accuracy:
The information provided on the website and the brochures is accurate and updated to the best of our knowledge. However, content is often supplied by third parties, prepared months in advance and circumstances can change due to events beyond our control. We therefore take no responsibility for errors or inaccuracies on the information provided. However, we will do our best to correct errors once they are brought to our notice. You agree to use Active Holiday Company website on an 'as is' or 'as available' basis without warranties, at your own risk.
Tour Operator Terms & Conditions:
Active Holiday Company also represents and sells International tour company products and in such situations your contract is with the International tour company. Active Holiday Company is not liable for any services offered by other tour operator. We may also offer services via partner companies and at times, in addition to our conditions, the terms and conditions of such service providers will also apply in. You will also be advised of these at the time of confirmation of your booking.
Fit enough to participate:
To enable you to choose appropriately and prepare accordingly, each trip has a difficulty level based on physical stress, terrain, weather and / or climate etc. If you have any doubt about a trip’s level of difficulty, 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.
We take no responsibility for your inability to cope with the level of difficulty on a trip. The onus of being fit and healthy to take a 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 undertake a trip and must be revealed at the time of booking the trip. Failure to share this information with Active Holiday Company can result in cancellation with full cancellation penalty. Active Holiday Company reserves the right to refuse any traveller they feel may be unfit to travel or complete the trip.
Trip Price:
All prices are per person based on double / twin occupancy basis and quoted in the currency specified. Prices cover land costs only and do not include airfare, insurance, visa, passport, Service Tax (GST) and Tax Collected at Source (TCS) unless specified. Prices are valid only for the date and period specified and modifications to the itinerary or group size may affect the trip price and any increase must be borne by the traveller. 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, 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 price increase of more than 10% of the trip price, you may cancel the booking within 10 days and obtain a full refund. Active Holiday Company will not increase prices within 30 days of departure. 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%. Payments from Indian travellers are required in Indian Rupees as per RBI regulations.
Discounts and Promotions:
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.
Custom Trip Quote Deposit:
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 INR 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 Active Holiday Company retaining the deposit towards administrative expenses.
Reservation:
You are obliged to provide true, accurate, updated and complete information to the extent needed by us to process your reservation. Any reservation request by you including a reservation made over the phone is binding. Your booking is subject to availability and will be confirmed in writing provided the non-refundable deposit for your trip has been received by Active Holiday Company. Please do not make any non-changeable or non-refundable arrangements pertaining to your trip until you receive a confirmation.
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 on the trip page. 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.
Marathons, Cycling and Other Events:
Your event entry may or may not be included in your trip price. Please see the inclusion specific for your trip to know if the event entry is included. In the case of marathon races, entry only without travel services is not available. The race entry costs are non-refundable. Marathon registrations are not transferable from one event to another. Unless a race specifically permits it, marathon entries are also not transferable from one runner to another or from one year to the next. We require personal details, specific information and waiver forms to manage marathon registrations on your behalf and these must be provided as per the deadline assigned by Active Holiday Company. Failure to provide this information within the required timeline will result in your booking getting cancelled without any refund due. Some cycling and running events may require medical certificates / waiver forms and the cost of these has to be borne by you. Event rules apply and event organisers reserve the right to change arrangements without prior notice.
In case of cancellation / postponement of an event, their policy on refund or deferment will be applicable. Active Holiday Company is not responsible for any loss (hotel cancellation, registration fees, flight costs) or inconvenience on account of such a situation.
Itinerary Changes:
Changes may become necessary due to unforeseen circumstances, circumstances beyond our control, for your safety or for to maximize on your experience. Active Holiday Company reserves the right, to change or discontinue any service without an obligation to provide notice or reason of any such change. Where we may know of changes sufficiently in advance, we will notify you, however changes may also take place at short notice while you are on the tour. Wherever possible, Active Holiday Company will do its best to provide alternatives at no extra cost with the intention that the trip may continue, however, we reserve the right to pass on any additional expenses or losses caused by delays or events beyond our control to trip participants. 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 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 or accommodation, without notice if local circumstances, events or situations demand such a change.
Deposit & Payment:
Marathon Tours:The non-refundable deposit payable for each marathon tour varies and is specified on the trip page for each race. The final payment due date for marathon tours is 90 days before the trip start date, however, for some races the deadline may be more than 90 days and this will be specified on the trip page or at the time of booking.
Exodus and Intrepid Trips:The deposit and full payment policy applicable will be as per their policy and this will be informed to you at the time of booking.
Other Trips: For bookings made more than 45 days before departure, Active Holiday Company requires a non-refundable deposit of INR 20,000 or equivalent per person per tour, to confirm your reservation. The balance payment is required 56 days before departure. For bookings made within 56 days of departure, full payment must be made at the time of booking.
For all trips: Failure to pay the balance on the due date 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 all purposes, 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, 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:
Any change after the booking is confirmed is subject to availability and attracts a change fee of INR 2500 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. If the tour booking is transferable, change of name 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. When a marathon tour permits a transfer of booking, the conditions and charges will be specified on the tour page on the website.
Cancellation by you:
Cancellation fees for marathon tours and events are detailed on the trip page as they differ for each event. Cancellation fees for Exodus, Intrepid and similar trips are as per their cancellation policy – please contact us for details at the time of booking.
These following cancellation charges will be applicable to trips where the conditions on the website do not specify any other condition or cancellation policy.
Standard Cancellation:
- Earlier than 56 days - Non-refundable deposit
- 55-31 days prior to commencement of services: 50% of total price
- 30-15 days prior to commencement of services: 75% of total price
- 14- to departure day and later: 100% of total price
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. 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.
All cancellations must be sent in writing to Active Holiday Company and must be signed by / from the email address of the trip participant who made the booking. The date of cancellation will be the date on which it is received and acknowledged by Active Holiday Company and cancellation fees will be determined based on this date. 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 we may have incurred such as visa fees, insurance charges etc. must be paid in actual. Total price does not include any discounts, promotions, or special incentives.
Cancellation by us:
Active Holiday Company reserves the right to cancel or reschedule any trip, for any reason including too few participants. Except in the case of Force Majeure or unforeseen circumstances outside our control - when we may cancel a trip any time prior to departure, a trip will be cancelled no less than 30 days before departure.
Participants will be notified of trip cancellation in writing. You may choose an alternate date of departure if available, or an alternate tour if available. The difference in cost if any will have to be borne by you. If no alternate trip or date suits you, we will refund the payment accepted towards your original trip price. 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 including but not limited to flight cancellation, rail, visas costs etc. not made through us and other travel arrangements 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, Active Holiday Company reserves the right to cancel your trip and retain cancellation charges as per the above stated policy without any notice.
Child Policy:
Minimum age of the child allowed on a particular tour differs. Please refer to the itinerary pages to review the permitted age 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. 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 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.
Meals:
Any special dietary requirements or meal request are accepted on a request only basis. Depending on the trip, the ability to accommodate special requests may be limited and Active Holiday Company cannot guarantee special meals as requested nor assume responsibility or liability for special meal requests not met.
Accommodations:
Accommodation included in your trip will be intimated to you at the time of booking. Accommodation options can vary vastly based on the trip and the destination. For marathon tours the precedence is given to location, while on most other Active Holiday Company trips the accommodation tends to reflect the local experience and at times, such accommodation may not qualify for a star rating. Some hotel rooms do not 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. Single rooms can be smaller than standard room sizes.
Room Share Stay:
On some trips we offer to pair solo travellers who do not want a single room with other travellers who may also be travelling solo. This will help a solo traveller avoid the single supplement for a single room. This option subject to availability on select trips only. We will do our best to find you a companion of the same gender but this is not always guaranteed and if sharing with the other gender is not acceptable then you will need to take a single room by paying a single supplement. You can request sharing the room with a friend or acquaintance at the time of booking and we will do our best to oblige. However, if you have not requested this at the time of booking you will be assigned a room-mate by Active Holiday Company and we are unable to change this once the rooming list has been shared with the hotel. Our privacy rules do not allow us to share details of the other person. We also need to be aware of any medical conditions – including but not limited to snoring - that will impact your room-mates comfort and enjoyment. Failure to do so can result in having to move you to a single room at your expense. It is understood that you understand the concept of sharing space and respect the other traveller’s space and privacy when you choose this option. A single room is for one person only and more than one person is not permitted to stay in that room, even if there is physically space available for more than one person. Please book your room configuration (single, double or triple) based on the number of people who will be staying in your room.
Hostel Stay:
You may have the option to book hostel stay on certain trips. Hostel rooms are multi-bedded (between 6 to 12 beds per room) and may or may not have attached toilet and shower facility. The rooms are always mixed gender dorms. Hostel bookings are always non-refundable and non-transferable. Companions and outsiders (friends and family who are not booked to stay at the hostel) are not permitted in the dorms.
Check-in and check-out:
Early check-in and late check-out is not included in your tour price and Active Holiday Company will do its best to facilitate this service with hotels; however, it is never guaranteed. Typical check-in time ranges from 1500h to 1600h and check-out is at 1100h unless advised otherwise by the hotel. Should you wish to have an early check in or a late check out guaranteed Active Holiday Company can arrange this for an additional charge. Please ask for details and prices.
Early Arrival:
If you would like to arrive a day or two before the start of your trip please ask for price and other details when you book the trip. If you are a solo traveller who has chosen a twin share for your main trip, please note that the pre and post night stay will be on single share basis. 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.
Insurance:
It is mandatory to have a comprehensive insurance policy cover on all trips with Active Holiday Company. Proof of insurance must be arranged prior to departure & must cover you against personal accident, injury, death, medical expenses, theft / loss of luggage / money / personal effects and public liability as well as loss of deposit or cancellation fees from trip cancellation and trip curtailment. We reserve the right to refuse you on a trip if you do not have an adequate insurance policy. 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. We require a mandatory insurance coverage of US$200,000 per person including Emergency Evacuation/Repatriation insurance. If travel insurance has not been purchased via Active Holiday Company and you need us to follow up on your claim during or after your travel, a service fee of INR3000 will be charged for our time and effort.
Airfares:
Unless stated otherwise, flights are not included in your 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 booked only on receipt of full payment. Flight bookings made by us are non-refundable and non-changeable. It is your responsibility to check that flights match with your trip arrival and departure dates and to keep a tab on flight timings, seat blocks etc. Whether we book your flights or you make your own flight arrangements, Active Holiday Company is not responsible for losses from flight cancellations on account of changes in trip itineraries or travel dates. You need to check the regulations on carrying bicycles with your airline directly. We are not responsible for the carrier failing to carry your cycle or for it arriving late to the start of the trip. We recommend that you do not purchase flight tickets with high charges for changes and cancellation. Airlines being independent operators that are not owned, managed or operated by Active Holiday Company, your contract will be with the air carrier only, even if you purchase through 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 Active Holiday Company is not responsible for any additional expenses you may incur to join the trip. By purchasing your flights through Active Holiday Company, you waive all liability against Active Holiday Company arising from this service.
Passport, Visa, Health Certificates & Travel Documents:
You are responsible for obtaining visas along with any other documentation required for your trip, and for meeting all health and other requirements as needed by the law & regulation of the countries included in your trip.
A valid passport with a validity exceeding at least six (6) months after the return of your journey is the standard requirement for International travel. Your passport should also have sufficient blank pages for visa and immigration stamps. Multiple-entry visas may be required for some trips. 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 Active Holiday Company for records.
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 Active Holiday Company to process your visa. Active Holiday Company is not liable if the consulate, for any reason whatsoever, rejects the visa application made by you or Active Holiday Company on your behalf. Standard cancellation policy applies in case you have to cancel on account of visa rejection. Visa charges are non-refundable.
Packing lists given by 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, vouchers and final itineraries are sent via email once full payment is received, approximately 2 to 3 weeks before departure. Travel documents sent by courier are at an additional charge depending on the country these are sent to. Any changes to the trip, if any, after that will be shared via WhatsApp and email.
Personal Responsibility:
You are responsible for verifying the dates of your reservations in your travel documents match your desired travel dates. You are responsible for your personal health being adequate to meet the physical demands of your trip. You also undertake that you and travel companions booked by you, do not suffer from any condition or disability that could create a hazard to your / their own wellbeing or to others while on the trip. Active Holiday Company reserves the right to decline accepting and / or removing any participant from a trip at his / her sole expense if we believe that their condition could create a hazard to any other member of the trip, including themselves. You are solely responsible for compliance with the laws of each country you visit, including all traffic regulations. Please familiarise yourself with the rules and regulations of each country you visit. We do not provide helmets on all cycling trips and you need to carry your own when it is not included.
On-trip behaviour:
Punctuality is important on all our trips and Active Holiday Company is not liable for any losses, including refund, for missed services that result from your inability to keep up with the designated time. Participants are required to behave in a manner that is acceptable and conducive to group travel when you are part of a group. Causing distress or annoyance to co-travellers, endangering your travel companions or damaging property of any supplier will result in your immediate removal from the trip and no refund for unused services will be possible in such cases. The cost of damage to any supplier or their property will be recovered from you.
Baggage:
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 trips and are fairly stringent on routes that include regional air flights. We recommend that your luggage does not weigh more than 10 kilos. Please check with the airline directly for other baggage restrictions and cycling or other equipment regulations applicable to your international flights.
Baggage and personal effects are at your risk throughout the trip. You are responsible for your personal belongings while on-trip. Active Holiday Company is not responsible for the loss of baggage, goods, air tickets, passport, cash, traveller's cheques, or anything else owned by you while on tour, whatever the cause.
Guaranteed Departures:
A trip is not guaranteed to operate unless specified and unless the minimum group size has been met. At times, guaranteed departures may operate with just one traveller. Please check with our team if your trip date is a Guaranteed Departure at the time of booking. Guaranteed departures are subject to cancellation in force Majeure and other situations that are beyond the control of Active Holiday Company that may make it necessary to cancel the trip.
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 responsible travel guidelines. You also agree to abide by the authority of the Trip Leader designated by Active Holiday Company. The decision of the Trip Leader is binding on all participants on matters that affect the safety or well-being of any person participating in the trip.
Equipment:
You are responsible for ensuring that you carry the right clothing and equipment, apart from what is provided by Active Holiday Company or its suppliers and partners.
Gratuities and Tips:
Gratuities for professional guides, drivers, driver-guides and camp staff, trackers, hotel / restaurant staff, and porters are not included. Although it is at the traveller's discretion to offer these, 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. The recommended amount for full time guides and drivers is US$6-8 and US$3-4 per person per day respectively and for local guides and restaurant staff US$1-2 per person per service is adequate.
Photographs:
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. We do not require your prior consent and do 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 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 trip or any guarantee that you will experience, encounter or view whatever is depicted through the pictures.
Optional Activities:
Optional activities do not form part of the trip or this contract. Your contract for such activities will directly be with the activity provider and you hereby release Active Holiday Company from all claims and causes of action arising as a result of your participation in these. 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.
Complaints:
While on tour, any dispute on services included and delivered must be brought to the attention of your Trip Leader or 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, if any. In case of a continued disagreement of the situation, you must obtain a written statement from the local office or your Trip Leader detailing the issue and submit it to info@activeholidaycompany.com within 07 days of the end of the journey, along with your complaint. This is mandatory for Active Holiday Company to take up the matter with all involved to help you resolve the issue. Complaints received any later than this specified period will not be accepted for investigation or compensation. A review of your complaint does not imply the acceptance of a service deficiency on our part. A response will be provided within 30 days of receiving the complaint, after we have investigated the matter with all concerned.
Claims and Refunds:
Refunds are not possible for any missed or unused services including voluntary termination / departure from tour for any reason including late arrival on the tour, premature departure voluntarily or involuntarily, sickness, death of a family member etc. For refund claims to be considered, they must be received in writing within seven (07) 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. Claims that are not received within 07 days of the termination of the trip will not be processed. 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.
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 travel vouchers. Refunds, if any, are payable directly to tour participants by 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 based on the rate of exchange applicable on date of refund or on the date the payment was accepted (depending on how the refund is received by Active Holiday Company – via a book entry or via the bank). 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 and bank charges if applicable.
Services Liability:
Services offered to you are limited only to those included in your booking confirmation / invoice. Active Holiday Company is a travel organizer only. We do not control or operate any airline, hotel company, restaurant, attraction, transport, trains, cruises, ferries, accommodations or any other facility or service mentioned in our itineraries. Though Active Holiday Company has taken every reasonable step to ensure that these are carefully researched, they are completely independent of Active Holiday Company and are not owned, managed, or controlled by us. In such cases, your contract for such services is with the supplier or service / tour operator of that activity and is subject to their limitations of liability and the laws and regulations of the country they operate in. We have tried to ensure that service-descriptions are accurate, but because we have no control in the management and running of our service providers, we cannot be held liable for any act or omission or deficiency in the service injury, partial or inadequate delivery, damage, loss, accident, death, delay, breakdown or irregularity which may be arise (directly or indirectly) through acts or deficiencies of suppliers, operators or their employees or agents engaged in delivering a specific service while carrying out the tour arrangements. Terms and conditions of suppliers when applicable are expressly indicated when they are.
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 traveller’s responsibility. 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 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 Active Holiday Company, its agents, employees and representatives liable for any accident, injury, death, costs, property damage, theft or personal loss.
Release of Liability:
You accept that the very nature of active travel requires a degree of personal risk which include but are not limited to political, cultural and geographical attributes as well as physical challenges that present certain health risks and dangers. By booking a tour with Active Holiday Company, you accept that you are aware of the personal risks and challenges involved and you assume the risk. By doing so, you release 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 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 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 trip, 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:
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 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, 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 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 Active Holiday Company takes no responsibility for it. 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 Active Holiday Company has no influence or control.
Dispute Resolution:
In case of any dispute between you and Active Holiday Company directly or indirectly relating to any conditions set herein, Active Holiday Company shall endeavour to amicably settle and resolve any dispute arising out of 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 arbitration award shall be final, binding and enforceable, and the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees.
Proprietary Laws:
Content, including pictures, descriptions, information, design elements and other graphics on 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 permitted to copy, change, claim, and display or reuse in any manner, any parts of any content without prior written permission.
Severability:
In the event that any 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 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.
Governing Law:
All terms and conditions stated herein are governed by the laws of India. All online bookings are deemed booked in India and are subject to Indian law and jurisdiction. Any disputes, claims and actions against 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 Active Holiday Company website www.ActiveHolidayCompany.com. You explicitly agree that you have read and accepted the terms and conditions set herein.
Registered Address: 55, 17th Cross, Malleswaram, Bangalore, INDIA