TERMS AND CONDITIONS
The following terms and conditions (“Terms”) apply to your booking (whether online or otherwise). These Terms together with Tour Itinerary (defined hereinafter) shall constitute the entire agreement (“Agreement”) between the Company and you relating to the subject matter contained herein, and shall constitute a legally binding agreement. This Agreement imposes certain obligations on you in connection with your use of the Services (defined hereinafter). By accepting these Terms and booking the Services/Tour/Workshop/ (defined hereinafter), you agree to be bound by these terms and conditions.
1. Definitions and interpretation:
“Services” or “Tour(s)” or “Workshop(s)” shall mean (a) photography tours conducted by Darter under the guidance of a lead photographer and/or (b) customized tours conducted by Darter, in both the cases (a) and (b), involving end to end planning of the itinerary, arranging through third party service providers, local transport, food and beverages and accommodation booking, procuring permits and approvals etc., which may include safaris, expeditions, trekking and hiking, rock climbing, river crossing, boating or similar forms of adventure as part thereof and/or (c). Photography workshops conducted by Darter for groups involving oral teaching of theoretical aspects of photography and the term Services, Tours and Workshops are used interchangeably in this Agreement.
Tour Itinerary means the tour specific terms and conditions which are incorporated in this Agreement by reference which shall to the extent of any inconsistency with the terms contained in this Agreement will prevail over this Agreement.
Darter Photography Private Limited, Company, Darter, we, us, our or similar pronouns shall mean Darter Photography Private Limited, its affiliates, successors, assigns, administrators, liquidators, or nominees, as the case may be.
Client, Customer, you, your, him, he, his, or similar pronouns shall mean the individual who is/are named on the booking.
Reference to any gender shall include all genders and reference to single number shall include reference to plural numbers and vice versa as the context may permit or require.
2. Acknowledgement, Acceptance and Assumption of Risk, and Indemnity:
2.1 The Tours and Workshops conducted /Services offered by Darter may involve risks beyond those that may be encountered in a more conventional holiday. You understand that you may be traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical and telecommunication facilities and basic infrastructure expected of any traditional tourist destination may or may not be available. You further understand that with respect to the activities you may undertake during the Tours/Workshops, whether forming part of the Tour Itinerary or otherwise, Darter makes no representations about the safety or quality thereof, or the standard of the independent operator running it. You also understand that Darter is in no way responsible for your safety in this regard.
2.2 You agree and acknowledge and are aware that Tours and Workshops are conducted whether in well accessible and/or remote/unstable areas may involve use of multi-mode of transport including plane, train, two wheelers or four wheelers, boat, horseback, other conveyance, or on foot, and involve inherent dangerous risks of illness, diseases, personal injury, death, psychological trauma, emotional distress, mental suffering or loss and damage of property, which may be caused by reasons such as wild animal attacks, forces of nature, civil unrest, terrorism, your unfamiliarity with such terrains and situations and other causes known or unknown with or without any means of quick evacuation and adequate medical assistance or facilities may or may not be available. You also are aware that the Tours and Workshops may not be safe as it may involve mountaineering, trekking or traversing treacherous or dangerous terrains, safaris and expeditions, in and outside wildlife parks and/or other remote areas, difficult or dangerous terrains. You recognize that such risks may be present at any time before, during, and after the Tour/Workshop. You are further aware that Darter relies on third party service providers for transportation services, equipment that may be used, camping, hotel accommodations and lodging, restaurant services and other services and therefore, is not and cannot be held liable for any death, personal injury, property damage or other loss that may occur due to any act or omission. Under all the circumstances mentioned hereinabove, you hereby fully assume these risks. You will further execute and deliver Acceptance of Risk form as may be required by Darter, prior to the commencement of the Tour/Workshop.
2.3 You agree and acknowledge that you are exposed to certain risks like, risks of personal injury and death attributable to accidents, landslides, earthquakes, floods, wildlife attacks, riots and civil unrest, terrorist attacks, robbery, mountain sickness, development of medical complication, and any force majeure events, among others (“Risks”). Accordingly, to the fullest extent permitted by the applicable law, you expressly assume any and all Risks arising from or caused by or connected with or attributable to the Services/availment of the Services. You acknowledge and agree that you have understood completely and are fully aware of the Risks and you are solely responsible for (and that Darter has no responsibility to you or to any third party for) any risk to your life and properties (including risks of personal injury attributable to such reasons as likely to be involved in any adventures) while using the Services and for the consequences of your actions (including any loss or damage which Darter may suffer) by doing so (“Release”).
2.4 You hereby agree not to claim the unenforceability of your Release, indemnification obligation and our limitation of liability as contained in this Agreement. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, companions or persons claiming under you (including those accompanying you for whom you may have paid the applicable fees to Darter) and shall also be binding upon any minors who accompany you.
2.5 You hereby confirm that you accept full responsibility for use of the Services in contravention of laws, rules, regulations, and the Terms, and further undertakes to indemnify Darter and to make good any loss, damage, interest, conversion, including but not limited to any other financial charges and outgoings, costs, and consequences that Darter may incur or suffer on your account and your acts of omission/commission and/or negligence.
2.6 You agree to defend, indemnify and hold harmless Darter and its subsidiaries, affiliates, officers, agents, employees, advertisers, syndication partners, from and against any third party claim or liability arising from or in any way related to (a) your use of the Services (b) your violation of these Terms of Service; or (c) any other action by you connected with the Services, including in all cases above any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
2.7 You agree that you take full responsibility for procuring and carrying all necessary documents required for domestic as well as international travel. In the event your entry to a region is denied due to non-availability of essential documents such as visa and permits with you, you will not hold Darter responsible for this. You understand and agree that Darter will not provide any refunds in such instances where you may be denied privilege of travel to a destination owing to not possessing relevant permits, visa or other essential document as deemed legally essential.
3. Change/Modification/Cancellation of Tours/Workshops/Services:
3.1 You acknowledge and agree that the form and nature of the Services which Darter provides may change from time to time without prior notice to you, including on account of inclement weather, security and safety considerations and force majeure reasons. Darter shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
3.2 You acknowledge that, in the event a workshop/tour is cut short or cancelled half-way, Darter will not provide any refunds for a tour that was not completed after it began, due to reasons such as Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised
3.3 You understand and agree that your use of the Services is at your sole risk and that the Services are provided on “as is” and “as available” basis. You understand and agree that Darter reserves the exclusive right to change the instructor/guide/lead photographer for the workshop / tour any time before/during the workshop/tour without any obligation to serve advance notice to you. Such changes will be at the sole discretion of Darter and shall be binding on you. Further, Darter reserves the right to decide the venue and the group size for a workshop/tour and the right to expel you from the workshop/tour (either at the beginning or during) for any inappropriate behavior as it may determine. In the event you are expelled from a tour/workshop due to inappropriate behavior, Darter is not liable to pay you any compensation and will not refund the workshop /tour fees.
3.4 If the Services are canceled before the commencement thereof, Darter will refund, or issue a credit note in lieu of the charges collected. You acknowledge and agree that itineraries for the Services are not fixed and may be altered depending on conditions such as bad weather and lack of access to roads, etc.
4. Miscellaneous:
4.1 Darter may use pictures and videos of you and activities conducted during the workshop/tour to promote its services, without having to seek your permission and without obligation to pay you for any such use. If you do not wish to be featured, you should write to Darter to take-down any such pictures and videos that feature you.
4.2 You confirm and declare that you do not have any medical conditions, disability, mental or physical conditions that affect your ability to travel and undertake and complete the Tour. You are further aware that Darter may not be able to address your special or specific dietary requirements if any. You hereby confirm that you are physically and mentally fit for undertaking the Tour/Workshop. You further confirm and agree that the Company is not liable to for your treatment should you fall sick during travel.
4.3 You agree that Darter does not represent or warrant to you that your use of the Services will meet your requirements and expectations, that they will be uninterrupted, timely or free from any deficiencies.
4.4 In availing the Services, You hereby expressly disclaim any rights that you may have under any special laws.
4.5 You agree that Darter may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
4.6 The security of all your belongings remains your sole responsibility throughout the Tour/Workshop. You agree that Darter will not assume any responsibility for loss of, or damage to, baggage or other possessions.
4.7 Unless otherwise indicated in the Tour Itinerary, the minimum age for Clients travelling on tours is 12 years. Every person below the age of 18 years will need to be accompanied by an adult who is above the age of 18 years. If the person accompanying is not the parent, such person below the age of 18 years will be required to produce parental consent in the required format prior to departure. You confirm that you are compliant with this requirement and will abide by the provisions hereof.
4.8 You acknowledge that the cost of the Tour/Workshop does not include any form of insurance, and that if you so require, you will be required to obtain separate coverage at your own cost.
4.9 There is no verbal or written representation, warranty, prior agreement, or description of services, other than as expressed herein.
5. LIMITATION OF LIABILITY
5.1 You expressly understand and agree that except as stated below, Darter shall not be liable to you for: (A) any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to any loss of profit, whether incurred directly or indirectly, any loss of goodwill, or business reputation, cost of procurement of substitute Services or goods or other intangible loss; (B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (I) any reliance placed by you on the completeness, accuracy or existence of any advertising; (II) Any changes which Darter may make to the Services or for any permanent or temporary cessation in the provision of the Services or any features within the Services; (III) your failure to provide Darter with accurate information.
5.2 Any liability the Company may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price paid by the Client.
6. The Terms constitute the whole legal agreement between you and Darter and govern your use of the Services (but excluding any services which Darter may provide to you under a separate written agreement), and completely replace any prior agreements between you and Darter in relation to the Services.
7. You agree that if Darter does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Darter has the benefit of under any applicable law), this will not be taken to be a formal waiver of Darter’s rights and that those rights or remedies will still be available to Darter.
8. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
9. You confirm and state that you have the required legal capacity to enter into this agreement and are capable of performing your obligations and undertakings hereunder.
10. The Terms, and your relationship with Darter under the Terms, shall be governed by the laws of India without regard to its conflict of laws provisions. All reservations (online or otherwise) shall be deemed as booked in Bangalore. You agree to submit to the exclusive jurisdiction of the courts located within the city of Bangalore to resolve any disputes arising from/in connection with the Terms.
11. By booking the Tour/Services/Workshop with Darter (directly or through any of its agents/authorized representatives), you acknowledge and agree that you have read, understood and agree to be legally bound by these Terms and this Agreement.