Welcome to Carawander! Where Thrill Meets Comfort
We provide luxury caravan services, and we make sure that you experience the best of travel and stay in your palace on wheels.
These are Standard Terms and Conditions, which shall be binding on Carawander Pvt. Ltd. a company registered under The Companies Act, and having registered office at 36B Shanti Vihar, Kunjwani Jammu, J&K, 180010 opp. Pari mahal (Hereinafter referred to as “Carawander”) and any guest(s) who wishes to access our services (Hereinafter referred to as “The Guest(s)”).
Please read these terms and conditions carefully. By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.
1. DEFINITIONS
Adult: includes guests of age above 18 years as per any government issued Identity proof.
Children: includes guests of age above 5 years and below 18 years as per any government issued Identity proof provided by the parents or any adult accompanying them.
Claims: includes all and any claims, payments, demands, actions, causes of action, losses, and expenses, including all and any future and unascertained damages.
Guest: includes the Guest and its assignees, and/or successors in title.
Infants: includes guests of age below 5 years as per any government issued Identity proof provided by the parents or any adult accompanying them.
Package: includes any package offered by Carawander (custom or standard packages) opted for by the guest.
Third Party Claim’s: includes all and any claims, payments, demands, actions, causes of action, losses, and expenses, including all and any future and unascertained damages that any party who does not have a direct connection with this agreement but might be affected by it may have.
Third Party Service Provider: includes any party who does not have a direct connection with this agreement who has been engaged to carry out and operate part of the Package; and
Third Party: includes any party who does not have a direct connection with this agreement but might be affected by it and includes Third Party Service Providers.
Tour Package: includes both, our standard tour package as well as custom tour packages designed and customized exclusively for our guests.
2. CARAWANDER PACKAGES
– All our Standard Packages or custom packages may be subject to change at any time (even after confirmation) due to unforeseen circumstances beyond the control of Carawander.
– Carawander reserves the right to make alterations to and/ or withdraw a package or any part of it as is deemed necessary, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, Carawander reserves the right to adjust the itinerary of the Package costs, as necessary.
– To experience outdoor life/ holidays and tough conditions offered by the regions, where we operate, there are no guarantees where circumstances and weather conditions can change suddenly, and we are forced to change our programs. You agree that Carawander shall not be liable to refund any amount in such case.
3. GUESTS
– As much as we would love to take maximum guests to a journey of their lifetime, however, due to insurance cover policy, we can allow a maximum of 8 passengers on a package, out of which, a maximum of 6 adults/children and 2 infants can be accommodated on a package.
– Out of the above mentioned 8 passengers, we mandate that at least 1 adult should be accompanying the children/infants on the journey.
– The guests are required to provide their dietary preference of Vegetarian and Non- Vegetarian. Any other special request or allergy information shall also be provided with the conformation of the booking. We will try our best to accommodate your requests; however, we cannot guarantee it.
4. INSURANCE
– Guests travelling with Carawander are covered by a basic Vehicle Insurance cover. In case of any emergency, should it be required to evacuate and hospitalise the Guest, it shall be the Guests’ responsibility to ensure sufficient medical and travel insurance cover is in place to cover in-hospital medical expenses and associated costs once admitted to hospital.
5. LUGGAGE
– Weight and Volume restrictions for baggage may apply on our Caravans. It is advised to keep the weight of the baggage below 20kgs per person.
– Safekeeping of baggage and personal effects shall always remain at the Guest’s risk. Carawander will assume no liability for any lose or damaged baggage.
6. MARKETING PROMOTIONS
– Carawander reserves the right to take photographs during the operation of any Package and use them for promotional purposes. By booking a Package with Carawander, it will be deemed that Guests have consented to the use by Carawander of any photographic image taken of them whilst on Trial. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.
7. PRICING & PAYMENTS
– Prices for all packages are for up to 6 adults/children and 2 infants only unless explicitly stated otherwise.
– Unless prior arrangements have been made with Carawander the Guest shall at all- times remain solely liable and responsible for the payment of all invoices issued by Carawander in respect to Confirmed Reservations, as well as the payment of any cancellation fees due.
– To confirm the booking of a package, the guest would be required to pay 50% of total package cost as advance payment.
– The guests are required to pay the rest 50% of the package amount 14 days prior to Package start date, in advance including the GST amount. The final Tax invoice will be sent to the Guests by email within 48 hours of completion of the Journey.
– Payment shall be done on the website by the link provided or by electronic fund transfer into accounts as provided at time of Confirmation or via secure online payment portal.
– Carawander reserves the right to request payment by credit card or PayPal to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel.
– Activities will include additional fees where stipulated. Prices for all activities are for per adult or child. The price will be subject to revision in event of significant changes in exchange rates, tariff rates, taxes etc.
– All prices for packages and activities exclude GST and shall be charged on the package pricing.
– Prices include Carawander’s fee for planning and arranging itineraries, handling, and operational charges.
– Price includes travel, stay (in Caravans only), Breakfast, Dinner, Fuel, Toll. Any other costs are excluded and will be charged extra at actuals.
– Any bill for the extra stay at any hotel or because of delay for any reasons of force majure as mentioned in point 15 shall be paid by the participants before checking out, there will not be any adjustment or refund in tariff paid for the itinerary.
– Any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the Package pricing.
– GST details of the Guest(s) (if any) must be provided to Carawander at the time of booking so that appropriate invoice reflecting the GST credit shall be raised on completion of the Package.
– Should the Guest fail to defer any payment on due date or breach any of the other Terms, Carawander shall, be entitled to:
- Cancel the Booking and take such action as may be deemed necessary to recover the full amount owed
- Cancel any future Bookings made by the Guest
- Recover from the Guest any costs incurred due to late cancellation
- Refuse to accept any further bookings from the Guest
- Request payment from Guests on arrival prior to the rendering of any Services
- Levy an interest on all overdue account balances @ 24% PA
8. BOOKING PROCESS
– Booking a Package can be done electronically. The Guest is responsible for confirming the itinerary to Carawander in writing by e-mail to enable Carawander to make the required itinerary arrangements.
– Upon confirmation, the Guest’s passport nationality will be required, which information will be used solely for submission to law enforcement agencies and for determination of entry/activity fees as applicable.
– Confirmed Accommodation will be subject to the appropriate payment and Cancellation policy.
9. CANCELLATION AND REFUND POLICY
– Carawander shall not be liable to refund any amount so paid by the guest in the event of any missed services by the guest, in respect of the Package.
– In the event of cancellation of a Booking, Carawander shall be entitled to retain such portion of the Booking as prescribed below:
- Between booking and 21 days prior to travel date – No cancellation fee is applicable.
- Between 20 days and 14 days prior to travel date – The 50% paid as booking advance will be retained by us.
- Within 13 days from travel date – 100% of Package price will be retained by us
- Cancellation after commencement & during travel or stay – 100% of total Package price will be retained by us.
10. GUEST RESPONSIBILITY
THE GUEST SHALL:
– Promptly comply with any reasonable instruction given by Carawander
– Ensure they take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation, and curtailment.
– Ensure they have the necessary Government ID, correct passport, visa, and vaccination requirements.
– Understand that in some cases their travel may take them into regions and in proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of their trip.
– At time of Booking provide all special requests or preferences.
11. CARAWANDER RESPONSIBILITIES
Carawander SHALL:
– Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing, and credit control relating to the Package.
– Stipulate all Caravan types, accommodation, room types, specifications, transfers provided on arrival and departure.
– Be entitled to change travel arrangements, accommodation and arranged activities due to unforeseen circumstances after the itinerary has been issued. Should this occur Carawander will inform the Guest. Every effort will be made to operate the Package as planned.
– Make every effort to secure special requests, however these cannot be guaranteed.
– Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules, and codes of practice.
12. LIABILITY
– Except to the extent otherwise expressly provided in this contract, Neither party will be liable to the other party (or to any person or entity Claiming through the other party) for lost profits or for special, incidental, indirect, consequential or exemplary damages arising out of Or in any manner connected with this agreement or the subject matter Hereof, regardless of the form of action and whether or not such party has been informed of, or otherwise might have anticipated, the possibility Of such damages.
– The limitations of liability set forth in this agreement Shall not apply to damages, (i) resulting from the gross negligence, or the Wilful or intentional misconduct of a party or its personnel, (ii) Stemming from personal injury, death, or property damage caused by a Party or its personnel, (iii) arising from claims for which either party has Agreed to indemnify the other party pursuant to the provisions of this Agreement, or (iv) arising from either party’s breach of its obligations.
– The guest agrees that in no case shall Carawander’s total liability arising out of or related to the agreement will not exceed the fees (calculated pro rata) payed by guest to Carawander under the agreement (‘liability cap’). The liability cap applies to: (i) any damages; (ii) all claims in the aggregate, including breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentations, and other torts.
13. DISCLAIMERS
– The Package or part thereof may be inherently dangerous, including but not limited to visiting isolated regions, being near wildlife, chartered Travel and participating in various activities. The guest shall be responsible for safety of their own as well as their infants and children accompanying them.
– Parts of the Package may be carried out and operated by Third Party Service Providers and that Carawander does not accept any responsibility for the performance of these parts of the Package.
– Guests may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain activities or embarking on certain travel.
– Safekeeping of baggage and personal effects shall always remain at the Guest’s risk and that Carawander assumes no liability for lost or damaged baggage.
14. INDEMNIFICATION
– The Guest shall indemnify the company against any and all expenses, including amounts paid upon judgments, counsel fees, environmental penalties and fines, and amounts paid in settlement (before or after suit is commenced), incurred by the company in connection with his/her defence or settlement of any claim, action, suit or proceeding in which he/she is made a party or which may be asserted against his/her by reason of his/her use of services provided by Carawander. Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.
– Guest will defend, hold harmless and indemnify Carawander from and against all third-party claims for Damages arising out of or relating to Guest’s breach of the obligations assumed under this agreement.
– Guest agrees to indemnify and hold harmless Carawander, its contractors, And licensors, and their respective directors, officers, employees, members, Shareholders and agents from and against any and all third party claims, Liabilities, losses, actions, causes of action, demands, reasonable costs and Expenses, including but not limited to reasonable attorneys’ fees, arising out of:
(i) infringement of any intellectual property rights by Guest; or
(ii) Third Party Interaction by Guest.
– Guest agrees to indemnify and hold harmless Carawander and Carawander’s Contractors, directors, officers, employees, members, shareholders, and agents From and against any and all third-party 1claims liabilities, losses, actions, causes of action, demands, reasonable costs and expenses, including but not Limited to reasonable attorneys’ fees, arising out of infringement of any Intellectual property by the Guest.
15. FORCE MAJURE
– If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.
– The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.
16. DISPUTE RESOLUTION
– In the event of any dispute, controversy, or claim (a “Dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the Dispute between themselves.
If the Parties are unable to resolve a Dispute by mutual agreement within 14 (fourteen) days after the Dispute is first communicated in writing by any Party to the others, then the Dispute shall be submitted to and decided by arbitration.
– Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
– The provisions of this clause shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an injunction, or mandamus pending finalisation of this dispute resolution process.
– The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of this Agreement or in Law applicable within the Applicable Jurisdiction forthwith to cancel this agreement or to uphold this agreement and in either event to claim such damages as it may have suffered if the other Party defaults.
– All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own client scale, shall be borne by the Party in breach.
17. MISCELLANEOUS
– The terms and conditions of this agreement shall be governed by, and shall be construed in accordance with the Laws of Union of India and State of Jammu and Kashmir with exclusive jurisdiction of courts of District of Jammu, J&K.
– If any provision of the Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
– The Guest acknowledges that, subject to Applicable Laws, Carawander may electronically collect, store and use personal information, including the Guest’s name/s, contact details, email addresses, IP addresses etc. for the purpose of carrying out any Package and will acknowledge that Carawander may retain such personal information for as long as is necessary or legally required in order to render services under the Package or as may be required to comply with relevant statutory obligations under Applicable Laws
– Except to the extent of its own gross negligence, recklessness, or wilful misconduct, Carawander will not be responsible for any damages suffered by the Guest because of the transmission of confidential or other information disclosed to Carawander through the Internet.
– Subject to the provisions of this agreement, no alternation, variation, or cancellation by agreement of, amendment or addition to, or deletion from this agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
– This agreement may be executed in counterparts, each of which will be deemed to be an original of this agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this agreement.
18. NOTICE
– Notices, demands or other communication required or permitted to be given or made under this Agreement shall be in writing and shall be provided either personally or email or registered post to the addresses of the company’s registered office. Serving of notice by another form except as mentioned shall not be considered to be properly given.
– The notice given by an official email shall be considered to be received by the other party only when the other party sends an acknowledgment about the receipt of the email. The receipt of the acknowledgment so sent shall be governed by the relevant provisions of Information Technology Act, 2000.
