CUSTOM VACATIONS TERMS & CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Camera Shutter Up., (“Camera Shutter Up”) arranges bespoke tours and vacations in India and abroad. You desire to avail of Camera Shutter Up’s services in planning your customized vacation. In consideration of Camera Shutter Up’s agreement to extend the service, you agree as follows:
You understand that you are required to read carefully and sign this Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Camera Shutter Up can accept a deposit confirming your reservation. You understand that Camera Shutter Up will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Camera Shutter Up recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance as you may deem necessary for your travel.
AWARENESS OF RISK: You are aware that adventure travel, photography tours, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Camera Shutter Up purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Camera Shutter Up cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also are aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for Camera Shutter Up’s offer to arrange your vacation, and the activities, services, and food arranged for you by Camera Shutter Up, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Camera Shutter Up, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the Camera Shutter Up’s offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by Camera Shutter Up, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Camera Shutter Up, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by Camera Shutter Up, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. 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, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Camera Shutter Up is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION: Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Bangalore, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS: Refunds or adjustments will be made or any additional charges may be levied if Camera Shutter Up changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Camera Shutter Up cannot accept responsibility for any personal item lost or damaged by fire or theft. Camera Shutter Up may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION: You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties negligence and a release of their liability. You acknowledge that Camera Shutter Up., is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Camera Shutter Up’s Cancellation and Refund Policy for Custom Vacations will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD: This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Camera Shutter Up. Camera Shutter Up will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.
* 50% of the tour fee as booking amount (non-refundable)
* 50% fee refunded if cancellation is done 60 days prior to the event. (50 % of the total amount and not the booking amount)
* No refund if cancellation is done under 0-59 days.