Terms and Conditions
1. Introduction
This contract (“agreement”) describes the terms and conditions that will apply to the relationship between participants and Advenzone for the Travels covered by this contract. The terms and conditions set forth in this contract constitute the entire agreement between Advenzone and participants. Except as otherwise expressly provided herein, this agreement supersedes any other representations or agreements that may have been made previously relating to the subject matter of this agreement, the Travel, includes but not limited to anything stated in brochures, advertisements, and other promotional materials, by Advenzone, its parent, subsidiary or affiliated companies, or any of their respective employees, or third persons such as travel agents or a third-party reseller.
Advenzone merely acts as a facilitator by connecting the participants with the respective third-party service providers like car vendors, hotels, restaurants, etc. Advenzone bears no responsibility for the marketing or performance of any third-party amenities and disclaims any liability to participants for the same. Advenzone shall bear no responsibility for providing any refunds, Travel credit or any other form of compensation to participants for their Travel. Any issues faced by the participants at the time of availing such services shall be sole responsibility of the of the third-party service provider.
Contract, whether or not signed by participants, shall constitute the agreement by participants, on behalf of himself and all other persons traveling with him (including any accompanying minors or other persons for whom the Travel is purchased), to be bound by the terms and conditions of this contract. In addition, the participant hereby agrees to abide by the terms and conditions, appearing in the applicable Advenzone brochure. In the event of any conflict between the brochure or materials on the website and this contract, the terms of this contract shall prevail.
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2. DEFINITIONS:
- “Agreement” shall have the meaning given to it in the preceding provisions, i.e., Section .
- “Advenzone” shall include employees, shareholders, officers, directors, successors, representatives, agents, assigns, sponsors, affiliates, sub-contractors, suppliers and all of their respective officers. It also includes the staff/employee representing Advenzone and discharging the duties envisaged for the purposes of the Travel.
- “Participant” or “your” means person(s) traveling under this contract and persons in their care, along with their assignees, trustees, agents, respective heirs and representatives. “Participant” shall include the plural and the use of the masculine shall include the female gender as well. Notwithstanding, other policies referenced herein, communications from Advenzone, and other posted notices may interchangeably use the term customers as well while referring to participants.
- “Lead participants” means the participants who initiated the Travel or booked the Travel tour for themselves, and/or for one or more participants named on the booking, irrespective of the fact whether the booking was made by the lead participants directly with Advenzone or through a travel agent. The lead participants are usually the first participants named on the booking.
- “Primary country of residence” means the country where Participant primarily reside at the time of booking the Travel. This should be indicated by the participant or an agent or a representative at the time of booking the Travel or while checking-in online.
- “Road trip” shall be a part of the travel and shall mean to include in-bound (within a state itself), cross-border (across various states) in self-owned or rented vehicle.
- “Third-party service providers” shall mean the service provider whose services Advenzone is facilitating for the participants and is unrelated with Advenzone.
- “Transport” means and includes the cars, rails, airplane, buses and other modes of transportation or accommodation.
- “Travel” means and includes the road trips, tours and vacation packages, whether or not tailor-made, organized by Advenzone, whether domestic or international as covered by this contract, and the same may be modified by Advenzone and shall include that period during which the participant joins and leaves.
- “Vehicle” means the car, whether self-owned or rented, operated by the participants on which they may be traveling or against which participants may assert a claim, as well as any substituted car used in the performance of this contract.
3. TRAVEL FARE TERMS
- “Travel fare” means the amount paid and/or due from participants to Advenzone for the Travel which includes things listed in the brochure.
- Travel fare excludes all other things which are not included as per brochure or is not expressly promised in writing before the commencement of the travel.
- Travel fare is a tentative amount taken by Advenzone for the services it renders and that the same may vary in the event of any unforeseen situation(s) and circumstance(s) which may occur before, during or after the travel and such extra expenses while dealing with the exigency shall be borne solely by the participants.
- Travel fare excludes all the taxes, fees and the fuel charges which shall be borne by the participants during the Travel except as otherwise expressly provided.
- The participant shall pay the Travel fare to Advenzone for the Travel at the time of booking in full or as per the discretion of Advenzone. Moreover, Advenzone also reserves the right to collect all charges for entertainment, goods and services incurred by participants, or incurred by Advenzone on the participants’ behalf.
- Participants acknowledge that in the event that payment for Travel fare has been made to a third-party reseller, Advenzone shall, under any circumstances, not be liable to make any refund to the participant either wholly or partially and that the participant shall be at liberty to seek/claim any refund of the Travel fare from the third-party reseller alone.
4. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY
- Baggage limits and prohibited items – Each adult participant is permitted to carry only wearing apparel and personal products as are reasonably necessary for the Travel, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries (including personal hygiene products), and other similar items. In no event shall any participant bring any illegal and/or controlled objects/substances (including medical marijuana), fireworks, live animals, weapons, firearms, explosives, or other hazardous materials, or any other items prohibited by applicable law or Advenzone policy. Marijuana or any other prohibited drug’s possession and/or use thereof, including medical marijuana, coupled with possession or use of any illegal drugs, is strictly prohibited at all times during the travel, as well as during excursions or any other part of the travel, regardless of any local, state, or other laws which might permit use or possession of marijuana or any other kind of illegal drug. Participants who violate the laws of any jurisdiction are subject to being reported to the appropriate law enforcement agency or customs authorities, and consequent arrest and prosecution. Participants who bring any dangerous items, marijuana in any form, or any illegal drugs or controlled substances are also subject to immediate removal from the travel. The participant shall have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. The participant shall be responsible to notify Advenzone in advance of the travel if there is any question as to the permissibility of taking any item or substance on travel. Advenzone reserves the right to refuse to permit any participant to take part in travel if deemed inappropriate.
- Liability for loss of or damage to participant’s property – Advenzone shall neither be responsible nor liable for any loss of or damage to the participant’s property, whether contained in luggage or otherwise. Liability for loss of or damage to participant’s property shall be the sole responsibility of the participant.
- Limited carriage – Advenzone does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments, or other valuables. Each participant warrants that no such item will be carried during the Travel and hereby absolves Advenzone from any liability whatsoever for any loss of or damage to such items.In no event shall Advenzone be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications or other valuables even if they are deposited with Advenzone during Travel against receipt.
5. PUBLIC HEALTH; MEDICAL CARE; OTHER PERSONAL SERVICES; KNOWING ACCEPTANCE OF THE RISKS
- Recommended consultation with personal physician – Participants are encouraged to discuss the advisability and feasibility of travel and participation in activities with their respective personal physicians.
- Availability of medical care – Due to the nature of travel by road or to some remote places, the availability of medical care on call may be limited or delayed and medical evacuation may not be possible from every location to which the participant travels. Where Advenzone crew travels with participants, Advenzone does carry a first-aid kit for basic medical needs, but it may not be sufficient in all circumstances.Participants are advised to carry their own medications as per their personal needs with doctor’s prescription.
- Relationship with service providers –To the extent that the participant retains and avails the services of medical personnel or independent contractors during the travel, they do so at their own risk.Any medical personnel attending to the participant during the travel, if arranged by Advenzone, are provided solely for the convenience of the participant, work directly for the participants, and shall not be deemed to be acting under the control or supervision of Advenzone, inasmuch as Advenzone is not a medical provider. Advenzone assumes no liability whatsoever for any acts, omissions, treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination, or other services provided by such persons or entities.Likewise, any services provided during the Travel are either operated by independent contractors and are provided solely for the convenience of the participants.Even though Advenzone shall be entitled to charge a fee for arranging such services, all such persons or entities shall be deemed independent contractors and not acting as agents or representatives of Advenzone.The participant acknowledges that the services provided during the trip are by employees of independent contractors and that no principal-agent relationship is established, hence rendering Advenzone not responsible for their actions.
- Payment for medical or personal care services –The participants shall pay for all medical care or other personal services requested or required, during the Travel, including the cost of any emergency medical care or transportation incurred by Advenzone and any costs associated therewith.If the participant is unable to pay and Advenzone pays for such expenses, Advenzone reserves the right to recover the aforesaid expense subsequently as reimbursement of the same.
- Health, travel and risk acknowledgement –The participant acknowledges, understands, and accepts that while undertaking the Travel or during activities, participants may be exposed to communicable illnesses, including but not limited to airborne diseases like influenza, COVID-19, colds, and norovirus.The participant further understands and accepts that the risk of exposure to these communicable illnesses and others are inherent in most activities where people interact or share common facilities, is beyond Advenzone’s control, and cannot be eliminated under any circumstances. Participants knowingly and voluntarily accept these risks as part of this contract, including the risk of serious illness or death arising from such exposures, and/or all related damages, loss, costs, and expenses of any nature whatsoever.Participants also acknowledge the risks and consequences caused by climatic factors such as: frostbite, heat stroke or sunstroke, dehydration, hypothermia, blindness due to refraction or ophthalmia from the snow, and altitude sickness or acute mountain sickness, as well as high altitude pulmonary and cerebral edema.Participants are advised to take prior consent from their doctor for these health-related concerns.
6. Excursions, Tours, Facilities Or Other Transportation
All arrangements made for participants for transportation before, during or after the Travel of any kind whatsoever, as well as air arrangements, excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for participant’s convenience and are at participant’s risk. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors/ third- party party service providers and are not acting as agents or representatives of Advenzone. Even though Advenzone may collect a fee for, or otherwise profit from, making such arrangements and offers for sale excursions, tours, hotels, restaurants, attractions and other similar activities or services taking during the Travel, Advenzone does not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety. In no event shall Advenzone be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to participants which during or after the Travel as a result of any acts, omissions or negligence of any independent contractors
Advenzone merely acts as a facilitator by connecting the participants with the respective third-party service providers like car vendors, hotels, restaurants, etc. Advenzone bears no responsibility for the marketing or performance of any third-party amenities and disclaims any liability to participants for the same. Advenzone shall bear no responsibility for providing any refunds, Travel credit or any other form of compensation to participants for their Travel. Any issues faced by the participants at the time of availing such services shall be sole responsibility of the of the third-party service provider.
The participant acknowledges that they are traveling to states/foreign countries where the laws, regulations, customs and business practices may vary greatly from those of participant’s home country. Consequently, there may be significant differences in modes of transportation and their quality, infrastructure (e.g., poorly maintained roads), regulations, and driving practices in the states/countries. The participant is responsible for familiarizing himself/herself with the associated risks and travel requirements and warnings or the equivalent travel advisory system in participant’s country, prior to the Travel.
For more clarity, visit our Frequently Asked Questions section.
7. Cancellation, Deviation, Or Substitution By Advenzone
- Cancellation by Advenzone generally –Advenzone has the right, without prior notice to participants, to cancel all or any portion of this agreement at any time prior to participants joining the Travel or its commencement, whichever occurs first. In such case, participant’s sole and exclusive remedy shall be for the disbursal of a refund or future Travel credit for all or the proportionate value of the cancelled Travel.Advenzone shall have no liability for damages or compensation of any kind. Advenzone’s right to cancel this agreement shall be in addition to Advenzone’s right to cancel the Travel.
- Cancellation or deviation by Advenzone caused by circumstances beyond Advenzone’s control –If Advenzone’s performance hereunder is hindered or adversely affected, or in the opinion of Advenzone is likely to be hindered or adversely affected, in whole or in part, as a result of war, hostilities, blockages, prevailing weather conditions (e.g., tropical cyclones or the presence of ice), labor conflicts, strikes, breakdown of vehicles, congestion, medical or lifesaving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, seizure under legal process or any other cause whatsoever, or if Advenzone considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place on an itinerary may expose the participants or vehicles to risk or loss or damage or delay, if the participant has not embarked on the Travel or has commenced the Travel, the entire Travel may be cancelled, at which time the responsibility of Advenzone shall cease.
- Substitution and transfers –In cases where a vehicle has been provided by Advenzone, Advenzone has the right to substitute the vehicle for any other vehicle or means of transportation, regardless of whether owned or operated by Advenzone, and to re-berth participants thereon, without liability or compensation to participants of any kind. Advenzone further reserves the right to transfer participants and/or participant’s luggage to other vehicles or means of transport, whether by air, land, or sea, toward the final point of destination. Transfers for the convenience of participants shall be at the sole and exclusive cost of participants.
- Compliance with government orders –Advenzone shall be under a duty to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority regarding the travel. Any kind of losses incurred during compliance with such duty shall be compensated by the participants.
8.Cancellation By Participants; Early Disembarkation
a. GeneralThe payment schedule, and cancellation and refund policies, for the Travel fare and related additional charges are non-negotiable and non-refundable.
b. Refunds –If a Travel reservation is cancelled by participants at any point in time, cancellation charges shall be applicable as per the cancellation and refund policy prescribed in 8.c of this agreement. In the event of early disembarkation of participants for any reason, including pursuant to any provision of this agreement, such disembarkation shall be without refund, compensation, or liability on the part of Advenzone whatsoever.
c. Cancellation and Refund Policy
- Participant Cancellations: If the Client wishes to cancel their booking, the following cancellation fees will apply:
- Users may cancel their booked adventure activities subject to the following terms and conditions:
- If a cancellation is made more than 30 days prior to the scheduled activity date, a full refund of the amount paid, minus any non-refundable fees, will be provided.
- If a cancellation is made between 30 and 15 days prior to the scheduled activity date, a refund of 15% of the amount paid, minus any non-refundable fees, will be provided.
- If a cancellation is made within 5 days of the scheduled activity date, no refund will be provided.
Cancellation by Vendor
- In the event that a Vendor cancels a booked adventure activity due to unforeseen circumstances or other reasons, the following options will be available:
- Users will have the choice to reschedule the activity based on availability.
- If rescheduling is not possible or not preferred, a full refund of the amount paid, including any fees charged by the website, will be provided.
Refunds and Payments
- Refunds by the Website: strong>Refunds for cancellations will be processed by the website in accordance with the terms outlined in section 1.1 and 1.2. The website will refund the amount paid by the User, minus any non-refundable fees and the applicable cancellation charges.
- Payment to Vendors: Users are required to pay 20% percentage of the total activity cost at the time of booking, as facilitated by the website. The remaining amount must be paid directly to the Vendor before or after the completion of the activity, as specified by the Vendor.
Refunds and Payments
- Refunds by the Website: strong>Refunds for cancellations will be processed by the website in accordance with the terms outlined in section 1.1 and 1.2. The website will refund the amount paid by the User, minus any non-refundable fees and the applicable cancellation charges.
- Payment to Vendors: Users are required to pay 20% percentage of the total activity cost at the time of booking, as facilitated by the website. The remaining amount must be paid directly to the Vendor before or after the completion of the activity, as specified by the Vendor.
Changes to Bookings
- Changes by User:
- Users may request changes to their bookings, such as rescheduling or modifying the activity details, subject to the following conditions:
- Changes are subject to availability and must be requested within a reasonable timeframe.
- Any additional fees or costs associated with the changes will be communicated to the User, and payment for such changes must be made prior to the activity.
- Changes by Vendor:
- In the event that a Vendor needs to make changes to a booked adventure activity, the website will make reasonable efforts to notify the User as soon as possible. The User will have the choice to accept the changes, reschedule the activity, or cancel the booking in accordance with the cancellation policy outlined in section 1.
Non-Refundable Fees
The website may charge non-refundable fees, which are retained by the website in the event of cancellation or changes to a booking. These fees cover administrative costs and are non-refundable regardless of the cancellation or change circumstances.
Communication and Contact
Any cancellation or change requests must be communicated to the website's customer support team or through the User's account on the website. The website will facilitate the communication between the User and the Vendor to ensure a smooth process.Please note that this cancellation policy applies to bookings made through the website. Vendorsmay have their own specific cancellation policies, which will be communicated to Users during the booking process.
d. Other cancellation charges –
For cancellations of items facilitated by Advenzone through third-party service provider, such as vehicles, special arrangements, excursions, tours, hotels, restaurants, attractions and other similar activities or services, travel insurance, pre-booked services and pre-booked arrangements, cancellation charges shall be applicable as per the applicable terms and conditions of the third-party party service provider.
9. Insurance
Travel Insurance: The Client is strongly advised to purchase adequate travel and health insurance before the tour. The Company does not provide insurance coverage and is not responsible for covering medical expenses, cancellations, or other unforeseen costs.
10. Limitations Of Liability
a. Except as otherwise expressly provided herein, Advenzone shall not be liable for injury, death,illness, damage, delay or other loss to person or property, or any other claim by any participants caused by act of god, war, terrorism, civil commotion, labor trouble, government interference, perils of the sea, fire, orders by government agencies restricting travel for any reason, public health emergency, or outbreaks of communicable disease, influenza, Covid-19, colds and norovirus, quarantines, national or regional emergencies, thefts or any other cause beyond Advenzone’s reasonable control, or any other act.
b. Participants agrees to solely assume the risk of injury, death, illness or other loss during the Travel. Advenzone is not responsible for participant’s use of any athletic or recreational equipment; or for the negligence or wrongdoing of any independent contractors/ vendor, including but not limited to car vendor, hotel staff, photographers or entertainers; or as part of any excursion, tour or activity.
c. Advenzone hereby disclaims all liability to the participants for damages for emotional distress,mental suffering or psychological injury of any kind under any circumstances, when such damages were neither the result of a physical injury to the participants, nor the result of participants having been at actual risk of physical injury, nor were intentionally inflicted by the Advenzone. Without limiting the preceding provision, in no event will Advenzone be liable to participants for any consequential, incidental, exemplary, or punitive damages.
d. Advenzone shall not be held liable for any shortcomings or failures in services provided by third-party service provider, including but not limited to vendors, contractors, or service providers engaged by Advenzone. Any issues arising from the performance or non-performance of third-party services shall be the sole responsibility of the respective third party, and Advenzone shall not be responsible for any damages, losses, or expenses incurred as a result. By engaging with Advenzone, the participant hereby acknowledges and agrees to hold Advenzone harmless from any claims, demands, or liabilities arising from such third-party services.
e. In case of any untoward/unlawful act/behavior done by any crew member of Advenzone which does not form part of his duties, the Participant must, at the first instance, intimate Advenzone via text, email or call, regarding such act(s). Furthermore, Advenzone shall not be liable for any act/conduct of any crew member which goes beyond the boundaries of the duty of such crew person, and that such erring crew member shall be amenable to be prosecuted under the appropriate law(s) of the land.
f. Except in the case of personal injury, illness or death of a participants, or where this agreement expressly provides otherwise, participant agrees that, to the fullest extent permitted under applicable law, Advenzone’s aggregate liability to participants shall be limited to a future Travel credit not to exceed the value of the Travel fare paid to Advenzone for the Travel
h. Liability for damages/ repair of vehicle or any equipment (change the verbiage to add any equipment that is required for the activity/tour) –
- Where vehicle is owned by the participant – Cost of repair/ damages shall be borne by the participant whether or not he was driving the vehicle at the time of damage to the vehicle. Advenzone shall not be liable towards any kind of damages to the vehicle whether or not negligent act was by the parties. Participants cannot claim any cost or damages from Advenzone in any circumstances
- Where vehicle is provided by the Advenzone – Vehicle is provided by the Advenzone, through its vendor. In case any harm or damage is caused to the vehicle and any other amenities provided therewith, including any damage which do not appear to the naked eye, the participant who was driving the vehicle shall be solely liable towards the cost or repair/ damages. That the co- passengers shall not be liable towards the damages owing to the negligent act of the driving participant. In any other circumstances, co- passenger shall be liable only to the extent of their security deposit towards the vehicle and the cost over and above the security shall be borne by the participant who was driving the vehicle. In case where the driver cannot be ascertained, the cost of repair / damages shall be borne equally by all the participants travelling in the vehicle. In case where the day of damage during the travel cannot be ascertained, then all the participants in the travel shall be equally liable to bear the cost of repair/damage. In any circumstance, Advenzone shall not be liable for the repair / damages of the vehicle. All the cost of repair/ damages shall be paid to the Advenzone within one week of raising of such bills by Advenzone.
11. Fitness To Travel; Denial To Travel; Minors
a. Fitness to travel – Participant warrants that he/she and those traveling with him are fit for travel and that such travel will not endanger themselves or others.
b. Minors – All participants shall be above 18 years of age and any participant under the age of eighteen (18) shall be considered a minor and must travel with a parent or legal guardian or such other person as may be permitted by Advenzone’s policies. The accompanying adult participant also agrees that, under no circumstances will a minor be left alone, without supervision.
c. No Drinking / No Smoking –No participant shall consume any alcoholic beverages or do smoking while driving during Travel or even while sitting as a co- passenger in the vehicle. No participant shall drive under the influence of alcohol or any other inebriating substance. Advenzone follows strict NO DRINKING /SMOKING in vehicle policy. The participant under the age of twenty-one (21) shall not consume alcohol under any circumstance. Advenzone may prohibit or restrict participants from bringing any alcoholic beverages for consumption during Travel.
d. Pregnancy and infants –Pregnant women who will enter the twenty-fourth (24th) week or more of the estimated fetal gestational age at any time during the Travel will be ineligible for the Travel and agree not to book the Travel. No infants under a specific age of twenty-four (24) months shall be booked on a Travel, nor brought on the travelling vehicle under any circumstance. Women with 8 weeks pregnancy should disclose about it at the time of booking and not later. She should provide a fitness certificate to take up the Travel from her gynecologist to the Advenzone.
e. Special needs – Any participant with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Travel, shall notify Advenzone of any such condition at the time of booking, in failure to do so, Advenzone reserves right to remove such participant from the travel/ Travel.
g. Policy violations – Advenzone shall have the right to deny the Travel to a participant for violation of any terms contained and policies described under this Agreement. If Advenzone exercises its rights under this section 13 for violations of any terms contained in this Agreement, participants shall have no claim against Advenzone whatsoever and Advenzone shall have no liability for refund, compensation, loss or damages of participants, including but not limited to any expenses incurred by participants for accommodations or repatriation.
12. Travel And Other Activities Risk Disclosure And Acknowledgment
Participants agrees to read the descriptions in the brochure and mails carefully of activities to be taken up during the Travel, before commencing the Travel. Participation in the Travels and the activities is voluntary. Not all activities are available on all Travels offered by the Advenzone. Participant agrees and acknowledges there may be a risk when participating in the Travel and its activities. In addition to reading the warning and acknowledgement of risk below, participants agree to convey to every participant named in their booking, including minors. Participant may engage in supervised or unsupervised sporting activities and must consider their own physical fitness and ability before participating. Participants must wear footwear and clothing appropriate for the activity and follow posted rules or direction of staff. Age restrictions may, however, apply for certain activities or competitions. Sporting activities include and are not limited to, any excursions involving animals, riding on animals, sky-diving, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity Warning/acknowledgment of risk in Travel – The Travel is taken up voluntarily by the participant and is not suitable for all persons. Participants may suffer minor or serious physical injuries or death. The risks of injury include (but are not limited to): broken bones, fractures, concussions, dizziness, motion sickness, dislocations, contusions, torn ligaments and tendons, sprains and strains, cuts to the head, body and/or limbs, bumps and bruises, property loss or damage, abrasions and/or lacerations. Although rare, catastrophic injuries may occur, and could include permanent disability, spinal injury, paralysis, or death. Participants elect to voluntarily participate in the Travel with full knowledge and acceptance of any and all kinds of risk associated with it. Parents and legal guardians travelling with minor children who engage in the Travel are deemed to have warned them of these risks and assumed the risk on their behalf.
13. Use Of Photos, Videos Or Recordings
a. Capture and use of likeness – Participants hereby grants to Advenzone, and others working for Advenzone or on its behalf, the unrestricted right and permission to visually and audio visually record, capture, photograph. Participant’s name, likeness, silhouette, photograph, picture, voice, actions, conversations, statements, appearances, biographical data, monikers, signature, endorsement, social media handles, any performance of any musical compositions, and/or other distinctive attributes of any kind related to participants and certain other intellectual property rights and characteristics and so-called publicity rights (collectively, “likeness”) and any result of participant’s appearance in any manner that Advenzone desires, including but not limited to during or in connection with the Travel. Participant further grants Advenzone, the full, irrevocable, exclusive and unrestricted right to use, print, produce, publish, copy, display, perform, exhibit, transmit, broadcast, disseminate, market, advertise, sell, lease, license (with the right to sublicense), transfer, create derivative works from, publicly display and otherwise exploit participant’s likeness, in whole or in part, severally or in connection with any and all photographs, films, and/or other recordings taken and/or made of or by me in connection with the Travel on a perpetual, worldwide, royalty-free basis, in any and all media now known or hereinafter devised, for any lawful purpose whatsoever including but not limited to in connection with the advertising, promotion, marketing and publicity of the grantees, and to permit others to do the same, which right shall include the full right and permission to edit, change or substitute any and all captions or photos participants may use, take or post in connection with this agreement.
b. Opt-Out: If the Participant does not wish to be photographed or filmed, they must inform Advenzone prior to the start of the tour in writing.
c. Advenzone’s consent required – The participant hereby agrees that any recording (whether audio or video or otherwise) or photograph of participants, other participants, crew or third parties created or made during or in connection with the Travel, or depicting the vehicles, its design, equipment or otherwise, shall not be used for any commercial purpose, in any media broadcast or for any other nonprivate use without the express prior written consent of Advenzone in each instance.
d. In case you voluntarily provide your personal contact details, Advenzone reserves the right to Call, SMS, Email or WhatsApp you regarding our products, services, or offers - even if your number is registered under DND (Do Not Disturb).
14. Severability
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including or be so held by any applicable arbitral award or court decision, but not limited to, the warranty disclaimers and liability limitations set forth above, then such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole but invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue to be in effect.
15. Transfers And Assignments
The booking of the Travel cannot be assigned, sold or otherwise transferred by the participant. Among other things, this means that the participants cannot sell or transfer the Travel booking to someone else, and Advenzone shall not be liable to the participants or any other person for honoring or refunding such fees of the Travel when presented by such other person. Advenzone may assign, convey or transfer its rights in this agreement to any parent, subsidiary or affiliate of Advenzone who is scheduled to operate the Travel at the time of the Travel.
16. Participant’s Obligation To Comply With Agreement, Applicable Laws, And Rules; Indemnification
a. Participants shall at all times comply with the provisions of this agreement, all applicable laws, and rules, policies and regulations. Participants shall maintain a decent conduct throughout the travel and should not engage in any indecent/immoral/unlawful act(s) with co-participants and the crew members. If any participants contravenes, Advenzone holds right to remove the participant from the travel at his/her cost and further, Advenzone cannot be held liable for the same.
b. Participants agree not to enter any areas designated for crew only, including crew quarters and vehicles without obtaining prior permission or under exceptional circumstances.
c. Nothing in this agreement shall grant to participants any right to market, advertise, promote, provide or sell products or services to other participants during travel and participants shall be prohibited from doing so.
d. Participants are solely responsible to maintain in their possession all necessary documents including but not limited to passports, aadhaar, visas and other travel documents required for embarkation, travel and disembarkation during travel. Participants shall provide to Advenzone such documents as and when asked for. Advenzone shall return such travel documents to participants by no later than the end of the Travel.
e. Participants understands and agrees that Advenzone follows a zero-tolerance policy for illegal activities as per the prevalent law of the land and shall report such activity to the appropriate authorities.
f. Each adult participants undertakes and agrees to supervise at all times any accompanying minors to ensure compliance of rule and regulations of the Travel.
g. Advenzone may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a quarantine, search the room, property or baggage of any participants, change a participant’s tour, remove the participant from the travel or deny him/her to join the convoy and/or any participants responsible for any minor participants, or restrain any participants at any time, without liability, at the risk and expense of the participants when, in the sole opinion of Advenzone, the participant’s conduct or presence, or that of any minor for whom the participants is responsible, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of this agreement.
h. Participants, or if a minor, his/her parent or guardian, shall be liable for and indemnify Advenzone, and its vendor from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the vehicle, Advenzone or its vendor arising from or related to participant’s conduct or failure to comply with any laws, rules and regulations, including but not limited to:
- I. any purchases by or credit extended to the participants;
- II. requirements relating to immigration, customs or excise; or
- III. any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the participants.
i. Advenzone shall not be liable for any portion of the Travel fare paid by any participants who fails for any reason, to continue the Travel as per the schedule or misses any destination or planned activities as the case may be. Advenzone shall not be responsible for lodging, meals, transportation or other expenses incurred by participants as a result thereof. Travel schedule, its destination or point of departure are as announced at the time of commencement of the Travel.
j. Advenzone shall have no obligation either financial or otherwise, to any participants who deviate from any scheduled Travel which includes road trips and shall not be liable towards any for any civil liability, fines, penalties, costs or expenses incurred by or imposed on the participant or upon his vehicle arising from or related to participant’s conduct or failure to comply with any laws, rules and regulations, including but not limited to any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the participants while he deviates from the Travel. Once the participant deviates from the schedule of the Travel without prior Advenzone’s written permission, then the Advenzone holds the right to refuse the participant or his vehicle to join the Travel or its convoy for the remaining trip.
k. Participants acknowledges that in the international Travels, in particular regions the participants must complete the entire/ specific part of Travel and that failure to do so may result in a fine or other penalty being assessed by one or more governmental agencies specially in case where group visa is procured. Participants hereby agrees to pay any such fine or penalty imposed because participants failure to complete the entire trip and to reimburse Advenzone in the event it pays such fine or penalty.
l. Advenzone may refuse to continue with any participants, and may remove any participants from the Travel including road trips at any time, for any of the following reasons:
- (i) whenever such action is necessary to comply with any government regulations, directives or instructions;
- (ii) when a participants refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items;
- (iii) when a participants refuses upon request to produce positive identification; or
- (iv) for failure to comply with Advenzone’s rules and procedures, including, for example, Advenzone’s participants health, safety and conduct policy; or
- (iv) for failure to comply with Advenzone’s rules and procedures, including, for example, Advenzone’s participants health, safety and conduct policy; or
m. In the interests of safety and security, participants and their baggage are subject to inspection, including but not limited to monitoring electronically, with or without the participant’s consent or knowledge.
n. If Advenzone exercises its rights under this section 9, participants shall have no claim against Advenzone whatsoever and Advenzone shall have no liability for refund, compensation, loss or damages of participants, including but not limited to any expenses incurred by participants for Travel or accommodations or otherwise.
17. Forum Selection; Governing Law; Time Limits To Bring Suit; Arbitration; Class Action Waiver
(i) Forum selection – All disputes, claims, or matters arising from this agreement, the Travel, or related activities, including personal injury, must be litigated exclusively in Indian courts. Participants consent to jurisdiction in India and waive objections to this venue.
(ii) Governing law – This agreement and all participant disputes shall be governed by Indian laws, regardless of conflict of law principles. This applies to disputes resolved in court or arbitration, and supersedes any other laws from other jurisdictions.
(iii) Time limits to provide notice and file a claim –
- 1. For personal injury/illness/death claims – No suit shall be maintainable against Advenzone for personal injury, illness or death of any participants at any point of time.
- 2. For all other claims: Participants cannot sue Advenzone for any cause related to this agreement or the Travel unless arbitration is initiated within one year from the date the cause of action arose, after which the claim is forever barred, regardless of any conflicting laws.
- 3. Class and representative action relief waiver- Participants can only bring claims against Advenzone individually. Even if the law allows otherwise, participants agree that any arbitration or lawsuit against Advenzone must be pursued individually, and they waive any right to participate in class or representative actions. Class action suits against Advenzone are explicitly barred.
- 4. Mandatory arbitration of certain claims for all Travels – Participants and Advenzone must attempt to resolve most disputes through arbitration before resorting to litigation. Arbitration, facilitated by a neutral arbitrator, is less formal than a court lawsuit but can award the same remedies. Arbitration rulings are legally binding with limited court review. It occurs on an individual basis, barring class or representative proceedings, and arbitrators cannot grant relief on behalf of others. This section shall survive termination of this agreement or any other agreement between participantd and Advenzone.
5. Any dispute or claim between participants and Advenzone must be arbitrated, broadly interpreted to include:-
- Claims related to the agreement, Travel, purchases, or any aspect of theparticipant-Advenzone relationship, whether contractual, tortious, fraudulent, or based on other legal theories.
- Claims predating this agreement or any prior agreements, including those related to advertising or disclosures for Advenzone's products or services.
- Claims for mental or emotional distress not arising from bodily injury, as well as claims related to the handling of participant information or reservations.
- Claims regarding communications with participants concerning Advenzone's products or services, regardless of the sender.
- Claims arising after the termination of the agreement or Travel.
6. Disputes or claims not subject to arbitration include:-
- (a) Claims arising from personal injury, illness, or death
- (b) Disputes regarding the scope and enforceability of the arbitration section, including whether a dispute must be arbitrated. It is pertinent to note that these exclusions are to be interpreted narrowly.
7. Before initiating arbitration, the claimant must send a written notice of dispute to the other party within 60 days of the date of cause of action. The notice to Advenzone should be sent to their office address in Hyderabad, India, while the notice to the participant will be sent to the address on file for their Travel reservation.
8. The notice must include the claimant's contact details, confirmation of the Travel reservation, a description of the claim or dispute, and the relief sought. After receiving the notice, both parties have 60 days to request an informal settlement conference, which may be conducted by telephone or video-conference. Participation in the conference is mandatory unless agreed otherwise in writing.
9. Arbitration procedure – Arbitration shall follow the Indian law, i.e., The Arbitration and Conciliation Act of 1996 (as amended up to date). The arbitrator can award remedies akin to a court, based on submitted documents.
10. Number of arbitrators – One arbitrator will be appointed with mutual consent or as per the law.
11. Place of arbitration – In all circumstances, the place and seat of arbitration shall be Bengaluru, India.
12. Arbitration fees – Arbitration fees follow the Arbitration and Conciliation Act of 1996. Arbitrators aim to resolve cases within 120 days or as soon as fairness permits
If you have any concerns, feel free to contact us via the Contact Page.
18. Force Majeure
The Company shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by circumstances beyond the Company’s reasonable control, including but not limited to natural disasters, strikes, acts of war, government restrictions, or any other event or circumstance that is unforeseen and unavoidable.
19. Amendments
The Company reserves the right to update or amend these Terms at any time. Any changes will be effective as of the date of publication on the Company’s website or notification to the Client. By continuing to use the Company’s services after such changes, the Client agrees to be bound by the updated Terms.
20. Acknowledgment And Consent
I verify that I have read, understood and will abide by this agreement and its addendum. I acknowledge all the terms and conditions and signing voluntarily.