General Terms and Conditions
TERMS & CONDITIONS
THE URBAN TRAILS (TUT) is owned by Saleel Gharpure registered with GST Number: 27AUAPG1581G1ZW since April 8, 2019, having registered office at: Flat No. F-4, Swami Siddharth Apartment, S. V. Road, Naupada, Thane, Maharashtra, 400602.
Please read our Terms and Conditions carefully, as they form the basis of our obligations to you and vice versa.
In these terms and conditions, "you" means all persons named on the booking (including anyone who is added or substituted at a later date), and "we" and "us" mean The Urban Trails (TUT).
"ARRIVAL" and "ARRIVAL DATE" mean the date on which your trip is due to commence. Our terms are reviewed from time to time and may be amended periodically.
Please note that the terms you receive on confirmation of your booking are the terms that are valid and apply to that booking only.
By paying the required deposit, you confirm that you have read all the terms and conditions and the brochure. By paying the deposit, you confirm that you have read and understood all the details and have accepted them.
You also confirm that you will adhere to the local laws and regulations of the destination country when travelling with TUT, and these are the laws, regulations, and practises that will apply to your trip, not those of your country of residence.
All information that we have provided, including that contained on our website and in our brochures, is given in good faith and is, to the best of our knowledge, a fair representation of our destinations and the facilities offered. We pride ourselves on the accuracy of our information but cannot accept liability or responsibility for any errors caused by circumstances beyond our control.
It is a condition of travelling with us that you will at all times follow the instructions of the guides and staff of our local operators. Should you fail to do so or be overly confident, eager, or reckless in approaching an animal, you may be withdrawn from the trip and excluded from taking any further part in it. Should an animal be killed or injured because of a provoked attack, a fine may be charged by the local wildlife authority.
We cannot control wildlife or the weather, and we do not guarantee that you will see all the wildlife and experience all the weather conditions referenced in our trip descriptions and imagery. It is also possible that access to wildlife may be restricted by national government regulation, which we will be required to comply with, and your booking is subject to this.
The person making the booking with us must be 18 years of age or older, and if the booking is being made for more than one person, we will assume, unless advised otherwise, that he or she (the group leader) has the authority of all other travellers to do so.
The group leader is primarily responsible for making the payments due to us under the travel contract, but all travellers are jointly and severally liable for these payments.
By paying the deposit, you confirm that you have accepted the final quotation and itinerary.
Please check: the number of people travelling, room or tent allocations, selected or specified accommodation, the number of permits required, the dates of travel, meal plans, national parks or reserves to be visited, mode of transport, and what is included in or excluded from the price payable.
As mentioned, the booking amount or deposit is non-refundable and non-transferable in all cases.
We reserve the right to correct any published prices, quotes, or itineraries and will do so when we become aware of an error. Our quotes are always subject to availability and prices at the time they are issued and are subject to any additional taxes and government charges that may be implemented between the date of booking and your arrival date.
A contract between us will come into existence only after we issue an invoice to the group leader or participant and the deposit is paid, and it will be subject to these terms and conditions.
Where anything that has been said or written prior to the contract coming into existence conflicts with these terms and conditions, the latter will prevail.
It is your responsibility to check the details mentioned in tickets, vouchers, and other documents that we send to you when you receive them.
In case of any errors, you must inform us via email at info@saleelgharpure.com as soon as possible and, in any event, within 5 working days of receiving it.
We reserve the right up to 7 days before the arrival date to increase or decrease the price of your trip to reflect any changes to TUT in the cost of carriage, local or national government compliance, taxes or fees imposed by third parties not directly involved in the provision of our services (tourist taxes, landing taxes and charges, camera charges, and permit fees, for example) that may occur between your booking and the departure date. We will pass on the additional costs or savings to you only if the quoted price has increased or decreased by 2% or more.
In the case of cancellations, we may have no choice but to cancel or make significant changes to confirmed bookings, and we reserve the right to do so. Cancellations or changes will be made if
(a) if we have not received full payment 30 days prior to the arrival date or by any alternative date specified at the time of booking.
(b) as a result of unavoidable and extraordinary circumstances beyond our control.
(c) if your trip was subject to a minimum number of travellers and that minimum number has not been reached 30 days before the arrival date.
In the event of the cancellation of your trip (unless as a result of non-payment) or us notifying you of a significant change to your trip, you will have two choices:
(a) the opportunity to purchase a trip from us of the same value as the original trip. If your alternative trip purchase is less expensive than the original, then we will refund the difference. If it is of greater value than the original trip booked, then you must pay the difference.
(b) to obtain a full refund. On occasion, the cost of certain permits (such as safari permits) may not be refunded due to circumstances beyond our control; however, we will make every reasonable effort to recover and reimburse these costs if possible. TUT is not and will not be liable for any costs that you incur or have incurred as a result of the cancellation.
TUT reserves the right to make minor, insignificant changes to your trip (by which we mean changes that are unlikely to have any material effect on, or your enjoyment of, the trip) provided that we notify you of them in writing, including by e-mail.
We expect clients to behave responsibly and with due respect for those they are travelling with and engaging with. TUT and/or our local operators reserve the right to cancel the trip of any person(s) involved in that trip if we or they feel that the behaviour of that person(s) is causing annoyance, damage, distress, or injury to any third party. In this instance,
TUT and our local operator will have no further responsibility for the person(s) involved who will be asked to leave the vehicle, accommodation, or service that is being provided. In this instance, TUT will not be liable or responsible for any costs incurred for the safe passage home of the person(s) concerned or for the cancellation of their trip.
You may transfer your booking to another traveller at any time up to the departure date, provided that
(a) You give us not less than 30 days’ notice of the proposed transfer.
(b) the transferee is a person for whom the trip is suitable.
(c) either you or the transferee pay all costs associated with the transfer, including all costs levied by third parties.
By confirming your booking and paying the deposit, you are agreeing to us processing your personal data (which includes data relating to all passengers named in the booking) for the purpose of arranging your trip. This includes sharing your data with third parties who need to have that data for that purpose.
Sometimes things happen that we and/or our agents have no control over and that we could not, even with all due diligence, prevent or foresee. Examples are extreme weather conditions, war, civil war, park closures, mechanical problems with transport, border closures, local and/or national government decisions, terrorist activities, fire, flooding, or disease.
We do not accept liability for and do not pay compensation where the performance of our services is prevented or affected by events of this type or reasons over which we or the supplier of the service(s) in question have no control. This does not affect any right you may have in certain circumstances to a refund of the price paid.
It is a condition of your contract with us that you arrange appropriate travel insurance for the trip you are booking. We advise that your insurance policy covers the following: repatriation, emergency evacuation, search and rescue, cancellation or curtailment, medical expenses, loss of luggage, death, personal injury, illness, and loss or theft of personal property, including your luggage.
Please note that more adventurous activities such as tracking wild animals, whitewater rafting, scuba diving, and crossing canopy walkways should also be covered and may require a higher level of cover. We recommend checking your policy coverage accordingly. We reserve the right to cancel your booking if you do not have and provide proof of adequate insurance for the trip that you have booked, if needed.
TUT is incorporated in India and operates under the laws of India. Your contract with us and all matters arising out of it will be governed by the laws of India, and any dispute will be subject to the exclusive jurisdiction of the Thane courts.
Throughout your trip, we will take the necessary precautions and due care to prevent injury, death, or illness caused by any animal or insect at the destination of your choice. Please note that it is your responsibility to take the necessary health and medical precautions in preparing for your trip, and the correct medical advice should be sought from your local GP or another relevant medical professional before travelling.
Subject to these Terms and Conditions, we accept responsibility should you or any of your party suffer death, personal injury, or illness as a result of any failure to perform or the improper performance of the contract by any of our employees, agents, suppliers, or sub-contractors (provided they were at the time carrying out work authorised by us), except in the following situations:
We will not be liable where any failure to perform or improper performance was due to:
(i) the acts or omissions of a third party not connected with the provision of the trip under the contract and which were unforeseeable or unavoidable; and/or
(ii) an event that we or the supplier of the relevant services could not have foreseen or avoided even with all due care. Any claim must be notified to us in accordance with the complaint procedure set out above. Any person to whom any payment is made (and their parent or guardian if that person is a minor) must assign to us and our insurers any rights they may have to pursue any third party in connection with the claim and provide all necessary assistance to us and our insurers that may be reasonably required.
You acknowledge that travel to the region and country you have chosen may entail risks that are outside our control, and by completing your booking, you are confirming that you accept these risks freely and on your own initiative and responsibility. You agree at all times to comply with the instructions given to you by us and by our agents, local operators, and representatives, and to maintain adequate medical and evacuation insurance during your trip (please refer to the Insurance section above for options). While we will take reasonable steps to avoid or mitigate the risks concerned, we do not accept liability for any injury or loss that you may suffer due to the actions of third parties or circumstances outside our control.
Any staff member or other person authorised by our local operator shall be entitled to enter a trip member’s room or tent to carry out necessary inspection, maintenance, or repair work or for any purpose associated therewith. The operator also reserves the right to take photographic records on trips for promotional purposes, and travellers grant the operator express permission to use the operator’s images for such purposes.
TUT has the right to disqualify any participant at any time during the tour if he feels the participant is physically incapable and/or if a participant’s continued participation will jeopardise either the individual involved or the group. There will be no refund under these circumstances. By paying the deposit, you are certifying that you do not have any mental, physical, or other condition or disability that would create a hazard for you or other passengers.
Prices include: accommodation as stated; meals as stated; driver; vehicle; park fees as stated; primate tracking permits as stated; and transfers. Prices exclude tips, laundry, visas, international flights, and items of a personal nature. In the event of unforeseen circumstances (security issues, weather conditions, park closures, border closures, etc.), we reserve the right to amend the confirmed itinerary.
We will always try to replace any particular service with something of equal quality and interest, but this is not always possible.
We make every effort to ensure that all vehicles used are comfortable, in roadworthy condition, and adhere to the local government's transport regulations. Passengers are liable for any damage caused to a vehicle by them.