Terms and Conditions
1. PRELIMNARY
1.1 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
1.2 PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USE OF OR REGISTRATION OR BOOKING ON THE DOMAIN www.bharatdarshani.com ("WEBSITE"). ANY USE OF THE WEBSITE SHALL SIGNIFY YOUR UNDERSTANDING, VERIFICATION AND ACCEPTANCE OF THESE TERMS AND YOU SHALL BE CONSIDERED LEGALLY BOUND IN THIS REGARD. BY ACCEPTING THESE TERMS OF USE YOU ALSO AGREED TO BE BOUND BY SD BHARAT DARSHANI TOURISM LLP (HEREINAFTER REFERRED TO AS "SD BHARAT DARSHANI") INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY.
2. GENERAL
2.1 These terms and conditions set out the rights and obligations which exist between SD BHARAT DARSHANI and the customer and/or Website User, as applicable (hereinafter referred to as "TRAVELER" or "You" or as "User"). These Terms and Conditions apply to any travel products and/or services TRAVELER(S) has booked with or purchased from SD BHARAT DARSHANI, and govern the contractual relationship between you and SD BHARAT DARSHANI with respect to any such travel products and/or services (hereinafter, the "Tour"). Please read these Terms carefully as by booking any Tour with SD BHARAT DARSHANI, or by booking and travelling on a SD BHARAT DARSHANI tour you acknowledge that you:
i) have read and understand these Terms, and
ii) indicate your acceptance of and agree to be bound by these Terms.
2.2 If you have confirmed a booking on any Tour with more than one Traveler(s) named on such booking, you shall be deemed to have accepted these Terms and Conditions (the "Terms") on behalf of all Traveler(s) named in the booking and travelling, and by such travel or participation all passengers indicate their assent to these Terms. The Traveler(s) who confirmed the booking is deemed to be the designated contact person for all other Traveler(s) named in such booking. These Terms constitute the entire agreement between the Traveler(s) and SD BHARAT DARSHANI with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
2.3 The Website is owned by SD BHARAT DARSHANI Tourism LLP, a limited liability partnership incorporated under the laws of India with its registered office at Shop no 1, Yadav Complex, Urulikanchan, Pune, Maharashtra, India and operational office at the same address.
2.4 These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. SD BHARAT DARSHANI shall not be obliged to notify you of such changes and your continued use of the Website shall signify that you have understood and accepted such new or updated Terms of Use.
2.5 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Website or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by SD BHARAT DARSHANI.
2.6 By using the Website you will be contracting with SD BHARAT DARSHANI, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Website will constitute the mutual - legally binding - obligations of both You and SD BHARAT DARSHANI.
2.7 The terms "You," "Your," or "User" is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Website.
2.8 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Website.
3. ELIGIBILITY
3.1 Use of the Website is available to all persons aged 18 years and above. Users may register either directly with the Website or through their Facebook.com Instagram.com.
3.2 If You are a minor -under the age of 18 years - You are required to declare this information at the time of registration as a User. Please note that if You are below 18 years of age we reserve the right to refuse registration altogether; however, even where registration is granted Your communication privileges shall be restricted to the extent that you comment or reviews of the Website which may identify you personally in any manner shall not be permitted to be published. Your communications will be monitored by our moderators and you will be provided with three warnings in case it is found that you are sharing information online that identifies you personally in any manner. In the event of a fourth infraction of this nature, your Account shall be terminated forthwith and you shall be banned from opening an Account until you attain majority.
3.3 If it is discovered at any point of time by Us that You are younger than 18 years of age and have failed to declare this at the time of registration, SD BHARAT DARSHANI reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
3.4 Even where You are found to have declared your age incorrectly, SD BHARAT DARSHANI reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
3.5 You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to SD BHARAT DARSHANI's notice shall result in the immediate termination of your Account.
4. ACCOUNT AND SECURITY OBLIGATIONS
4.1 The full use of the Website may only be available to You upon providing certain required information, which facilitates the creation of Your account ("Account"). To have access to your Account, You will choose your own username and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password. Alternatively, You may also access the website by logging on through your LinkedIn, Facebook, Instagram, Google or Twitter accounts.
4.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Website in case it comes to SD BHARAT DARSHANI's notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
4.3 You are obliged to immediately inform SD BHARAT DARSHANI of any unauthorized use of Your Account or any other breach of security that comes to your notice.
4.4 You are also obliged to logout of Your Account at the end of each session.
4.5 SD BHARAT DARSHANI shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by SD BHARAT DARSHANI or third-parties as a consequence of Your failure to comply with the aforementioned conditions.
4.6 Restricted access to the Website may also be provided to unregistered Users.
5. SCOPE OF SERVICE
5.1 SD BHARAT DARSHANI takes utmost care in selecting all the services and/or independent contractors for hotels, restaurants, and transport to make Traveler(s) comfortable on a Tour. SD BHARAT DARSHANI selects various aspects of the tour such as hotel, restaurant, airline, coach, shipping company, etc., and does not have any control over the operation of the same. Though SD BHARAT DARSHANI takes utmost care of the Traveler(s), SD BHARAT DARSHANI shall not be held responsible for any loss, harm, injury, death, accident or problem due to Your/ USER medical conditions, damage caused by default, omission or act of employees or management of any such agencies or Independent Contractors. All the Traveler(s) booking and/or registering for tours organized / proposed to be organized by SD BHARAT DARSHANI shall read, understand and abide by and strictly comply and observe all the terms and conditions laid down herein or in any/all other publications by SD BHARAT DARSHANI. We endeavor to update our Traveler(s) from time to time by sending the Traveler(s) various tour-related instructions through SMS/emails/telephone/ or by any other mode of communication, solely for the convenience of the Traveler(s). However, Traveler(s) are advised to visit the website of SD BHARAT DARSHANI, www.bharatdarshani.com to keep him/herself updated with the Terms and Conditions, as SD BHARAT DARSHANI reserves the right to change the Terms and Conditions at any time.
6. BOOKING AND PAYMENT
6.1 a. If air/train fare is not included in the tour cost and we book it for you, then the entire fare amount for air/train travel + service charge will be collected as extra at the time of booking.
1. Check-in time is 1400 hrs and Check-out time is 1000 hrs. Early check-in/late check-out are subject to availability.
2. All confirmations are subject to availability at the time of booking. No change is permissible once the tour has started.
3. This proposal is valid for the said dates/months; prices are subject to change without prior notice.
4. In case false information (e.g., fake age) is conveyed to the Company by the Traveler(s), the Company possesses full rights to extract the fair amount from the customers without any objection from external authorities.
5. On days when certain attractions, sights, monuments, museums, etc. are closed, the Tour Manager reserves the right to amend the itinerary/cancel the visit.
6. The package cost is valid for a minimum of two people traveling together.
7. Rates are not valid during festivals, fairs, special events; higher rates will apply during peak periods, blackout dates, etc.
8. Mentioned is the tentative proposed itinerary. The final itinerary will be given one week before the programmed tour.
9. The package cost is based on specific hotels or airlines. In case the hotel rooms or flight tickets are not available as specified in the package, alternate hotels or airline tickets will be suggested. The difference in cost may be payable extra.
10. GST and other taxes mentioned in the tour package are as per prevailing rates from the Government of India. If there are any changes in it, the same will be notified and levied accordingly.
11. Any cost arising due to natural calamities like landslides, road blockage, political disturbances (strikes), etc. shall be borne by the client, which is directly payable on the spot.
12. All expenses other than included in your services or tour with SD BHARAT DARSHANI will be paid directly by the Client at the time of purchase.
13. Fully vaccinated or a negative RT-PCR report is mandatory for all the travelers as per state government guidelines.
14. Refund Policy: No refund will be made if any lockdown and emergencies arise due to the pandemic or any other reasons beyond our control. Flight rescheduling charges will be extra payable for future scheduled travel dates.
15. Payment for booking or full amount has to be made either by electronic fund transfer or by cheque to the bank account of SD BHARAT DARSHANI TOURISM LLP. Payments may also be made at our physical office, details in the contact us section of the website, via credit/debit cards. The account details for transfer of funds electronically will be communicated to you at the time of booking.
16. On payment of the balance amount in full you will receive a final itinerary with air tickets/visa, accommodation voucher, and tour coordinator contact details.
17. Where visa expenses and travel or other insurance are not expressly included in the overall cost of the tour, it shall be understood that these are chargeable over and above the tour fees quoted. In all such cases, such fees, processing charges, and service fees as applicable must be paid by You at the time of booking in excess of the tour charges applicable.
18. Once duly signed online digital registration form along with balance payment are received by us, should you wish to change your option from the booked tour to another one after this point, we will do our best to accommodate your requirement; however, we do not make any guarantees that such change requests will be fulfilled. Please note that all such changes of SD BHARAT DARSHANI Tour requested will be construed as cancellation of the former Tour and the aforesaid cancellation policy will apply under all circumstances irrespective of whether your request for accommodation in another tour is approved or not.
19. SD BHARAT DARSHANI reserves the right to cancel any Tour prior to departure, without assigning any reason whatsoever. In such situation, we will organize the Tour on a different date and make your booking for the same Traveler(s). Traveler(s) shall have no right to make a claim against SD BHARAT DARSHANI.
20. On customized group or private tours, no tour manager or tour guide from SD BHARAT DARSHANI accompanies Traveler(s), therefore Traveler(s) participating in such tours shall be responsible for managing the itinerary by themselves under the guidance of the vehicle driver.
21. SD BHARAT DARSHANI further reserves the right to change without notice the sequence of sightseeing places, day by day itinerary, and hotel(s) due to unavailability of hotel rooms, if necessary, in a similar category as specified at the time of booking of Tour.
22. During or before the commencement of the Tour, any extra costs occurring due to the following events are to be borne by you and SD BHARAT DARSHANI shall be in no way liable for the same:
a. Any act of God, like heat wave, cyclones, heavy rain, floods, landslide, earthquakes, extreme bad weather, Global Pandemic and such similar events recognized as acts of God.
b. Cancellation or interruption due to riots, insurrection, war, curfew, terrorist acts, or such other acts beyond the control of SD BHARAT DARSHANI;
c. Any delay or cancellation of flights, ferry, trains, bus, etc. for any reason whatsoever.
d. Medical problems, sickness, physical inability to manage with the itinerary or any other such matter. Such an inability shall not affect/delay the rest of the group on the Tour.
e. Lost luggage, loss of personal belongings and/or theft, etc.
f. Change in foreign exchange rates after the declaration of the tour price.
g. Any damage, injury, or loss resulting from the actions of third parties including those caused by your fellow travelers.
7. CANCELLATION AND REFUND POLICY
7.1 At SD BHARAT DARSHANI, we understand that most people cancel their reservation of a tour only due to unavoidable reason/s. Nevertheless, cancellations are costly to administer and involve dedicated staff time and communications costs. So, if any such necessity of cancellation arises, you must be notified of the same in writing.
7.2 If a customer does not join a tour and fails to report to the Tour Manager on the Departure Date for any reason, it will be considered a no-show and a 100% cancellation fee will be applicable. SD BHARAT DARSHANI shall not make any refund if the customer misses the tour.
7.3 Cancellation charges will be effective from the date we receive advice in writing, and cancellation charges would be as mentioned on the package details at the time of booking.
i. Once the cancellation request is received in stipulated format, we will process your tour cancellation/refund request within 30 (thirty) business days. Refund in respect of air, train, bus, vendor, hotel, transporter and other service providers shall only be made once we receive the refund from them.
ii. In case of cancellation, advance/balance/full payment paid by online account transfer/check/cash deposit/debit or credit card will be refunded via cheque in the name of the lead traveler.
iii. If the price of the tour package includes air, bus, train or other forms of transportation, the cancellation policy of such transport operator shall apply to all tickets/seats so booked and refunds shall only be processed after SD BHARAT DARSHANI receives them from the transport operator.
iv. If the price of the tour package includes any non-refundable cost of Visa, Travel Insurance, advance booking of sightseeing tickets, or entry permit, the cost incurred by SD BHARAT DARSHANI will be deducted from the applicable refund amount.
v. Where You fail to make payments in respect of the balance amount payable in the stipulated period of time required under the booking policy, SD BHARAT DARSHANI reserves the right to cancel your booking. Further, SD BHARAT DARSHANI also reserves the right to deduct appropriate cancellation fees in respect of cancellation of transport services (such as air tickets, train tickets), hotel reservation cancellation charges, and such other charges as may be applicable prior to processing your refund.
vi. If the tour or any part thereof cannot be conducted due to Force Majeure or Vis Majeure, SD BHARAT DARSHANI shall not be responsible to give any refund. However, at its sole discretion, the Company may provide refunds based on various factors and the final decision on the quantum of refund shall lie with its management.
vii. SD BHARAT DARSHANI has a policy of applying for group visas. Due to any reason, whatsoever, if the visa is not granted by the respective Consular Office/Embassy of the country or delayed in issuing the visa, SD BHARAT DARSHANI would not be held responsible for such a failure of obtaining a visa and further visa fees, the cost of cancellation of air ticket, Insurance, or any loss incurred shall be deducted, and only the balance payment will be refunded to you.
viii. The Traveler(s) cannot claim a refund if he/she does not or cannot utilize any of the services like hotels, sightseeing, rides, cruises, meals, entrance fees, optional tours, etc. due to any reason whatsoever. For costlier tours, travelers are advised to purchase a travel insurance policy with trip cancellation and trip interruption benefits to cover the non-refundable portion of the tour cost that will protect them in the event of last-minute tour cancellation due to unavoidable circumstances pertaining to health reasons of self or immediate family members.
ix. Any kind of refund will be applicable/refundable only when we receive the refunded amount from the Hotel, Airlines, Vendor, Transporter and Any Other Service Provider.
x. Any kind of interest, charges, and penalties over the paid amount for tour booking will not be applicable or liable to the Company/SD BHARAT DARSHANI.
xi. In case of any kind of refund approved by SD BHARAT DARSHANI or Management then, the cancellation policy may apply.
xii. No refund is applicable on already booked tours/existing bookings cancelled or postponed in case of Force Majeure or Vis Majeure.
xiii. In case of any flight cancellation before departure/after departure, the same cancellation policy applies for Hotel and Land Part, and refund of the Flight Part will depend upon receipt of refund from the Airline. SD BHARAT DARSHANI does not have liability for the same.
Cancellation Policy
(A) 45 days before Departure: 10% of the Tour Price
(B) 30 - 45 Days: 25% of the Tour Price
(C) 21 - 30 Days: 50% of the Tour Price
(D) 15 - 21 Days: 75% of the Tour Price
(E) 0 - 15 Days: 100% of the Tour Price
8. INSURANCE
8.1 The tour cost does not include insurance charges unless it is mandatory as per the prevailing rules of the respective countries.
8.2 For all Foreign Tours, it is mandatory to take an insurance covering all applicable dates of any travel with SD BHARAT DARSHANI. This insurance must cover personal injury and emergency medical expenses. On the first day of each tour, a SD BHARAT DARSHANI Tour Leader or SD BHARAT DARSHANI representative will verify that all Traveler(s) have such insurance in place with adequate coverage. It is strongly recommended and encouraged that Traveler(s) also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay, or inconvenience occurring to the Traveler(s). SD BHARAT DARSHANI shall have no liability for loss, theft of, or damage to baggage or personal effects of Traveler(s) during a tour.
8.3 Traveler(s) are advised and recommended to acquire adequate Domestic Insurance Policy that covers trip cancellations, interruption, baggage loss, flight delay, accidental death and dismemberment, emergency accidental medical expenses, emergency medical evacuation.
8.4 Traveler(s) should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. SD BHARAT DARSHANI cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by SD BHARAT DARSHANI such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Traveler(s) acknowledges that the cost of the tour does not include any insurance coverage for such Traveler(s), and that the Traveler(s) is required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance, the Traveler(s) must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable SD BHARAT DARSHANI tour.
9. TRAVEL DOCUMENTS
9.1 All Traveler(s) are required to have a valid passport for all foreign trips outside India. Traveler(s) are required to carry passports valid for at least six (6) months beyond the completion date of the trip; further, the passport must have sufficient blank pages for all necessary travel visas and appropriate entry/exit stamps.
9.2 SD BHARAT DARSHANI assists and applies for Visa for the Traveler(s) if the tour is booked at least 30-40 days prior to the departure date.
9.3 In Domestic India tours, all Traveler(s) are required to carry an original along with a photocopy of identity and address proof that clearly displays the photograph of the Traveler(s) and permanent address. Such identity and address proof is a must at airport departure, hotel check-in, and entry points to protected areas.
9.4 It shall be the sole responsibility of the Traveler(s) to carry required valid travel documents and statutory clearances, including identity/address proof, passports, visas, confirmed travel tickets, insurance including medical insurance certificates, and any other required travel documents. SD BHARAT DARSHANI won't be held responsible for cancellation of the traveler's tour or any activity due to non-availability of any required travel document or proof of identification at the different entry points.
10. HEALTH CONDITION OF TRAVELER
10.1 The tours from SD BHARAT DARSHANI are available to anyone above 45 years of age and in good health, for reasonable physical effort during tours. Traveler(s) should refer to the specifics of each program to determine suitability.
10.2 You shall be expected to sign a declaration form attesting to your health and fitness and providing your medical history along with details of medication and medical conditions prior to undertaking a Tour with SD BHARAT DARSHANI. The declaration requirements may vary from Tour to Tour and it may be required of you to produce medical certifications, test reports, etc., as a pre-condition to undertaking a particular tour, as deemed fit by SD BHARAT DARSHANI. Where it is found at any point of time that you have falsely declared such information, SD BHARAT DARSHANI reserves the right to cancel your booking and make deductions in accordance with the cancellation provision hereinabove. SD BHARAT DARSHANI reserves the right to remove any Traveler(s) from any act or activity, or from any trip, at any time during the trip if, in the sole and exclusive judgment of SD BHARAT DARSHANI, the Traveler's participation in such act, activity or trip poses a material risk to the health and safety of that Traveler, any other Traveler(s), or SD BHARAT DARSHANI. No refunds shall be given in all such cases of cancellation. Further, any costs borne by SD BHARAT DARSHANI to remove such person from the tour, including medical evacuation costs, medical costs, flight costs shall be payable by such evacuated Traveler.
10.3 SD BHARAT DARSHANI tours may involve travel to places where living standards, practices, and the provision of utilities, services, and accommodation are different than those available at your home. Traveler(s) are exclusively responsible for choosing a trip that best suits their interests, abilities, age, fitness level, and health.
10.4 Traveler(s) are responsible for assessing their own suitability and capability to participate in the tour Product such Traveler(s) has booked. All Traveler(s) should consult their physician regarding their fitness for travel, and adventure travel in particular. SD BHARAT DARSHANI encourages all Traveler(s) to seek their physician's advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Traveler(s) travel with SD BHARAT DARSHANI. SD BHARAT DARSHANI does not provide medical advice. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Traveler(s)'s responsibility to assess the risks and requirements of each Product in light of such Traveler(s)'s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Traveler(s).
10.5 Various tour packages, as offered by SD BHARAT DARSHANI, by their nature involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Traveler(s) home country. The condition of medical facilities in the countries and states of India in which SD BHARAT DARSHANI operates varies, and SD BHARAT DARSHANI makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
11. TRAVELER'S ACCEPTANCE OF RISK
11.1 The Traveler(s) acknowledges that travel outside the comfort of home may involve a degree of risk to Traveler(s) health and/or safety. Traveler(s) will be visiting places where the political, cultural, and geographical attributes present dangers and physical challenges greater than those present in our daily lives. Traveler(s) acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Travel or Tour Product from SD BHARAT DARSHANI. It is Traveler(s)' own responsibility to acquaint herself/himself with all possible relevant travel information and the nature of the itinerary. The Traveler(s) hereby assumes all such risk and does hereby release SD BHARAT DARSHANI from all claims and causes of action arising from any losses, damages, or injuries or death resulting from these risks inherent in travel, including travel to remote and tribal areas specifically, visiting foreign destinations, and participating in activities such as those included in Product itineraries. Traveler agrees to take on complete responsibility for expenses on emergency medical treatment, if required during the travel.
11.2 The Traveler(s) acknowledges that standards of hygiene, accommodation, and transport in some countries and regions in India where Product tours take place are often lower than comparable standards than what the Traveler(s) may reasonably expect in their home country or region. SD BHARAT DARSHANI IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM STANDARD OF LIVING DURING TOUR NOT BEING AT PAR WITH THE STANDARD OF LIVING OF THE TRAVELERS (S) IN THEIR HOME REGION.
11.3 The Traveler(s) acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, land travel with not so good road conditions, participation in high-risk activities such as horse riding, parasailing, speedboat riding, rope-way, or any other sports activities, or travel to countries or regions with under-developed infrastructure. The Traveler(s) acknowledges they have considered the potential risks, dangers, and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Traveler(s) acknowledges and agrees that SD BHARAT DARSHANI is not responsible for providing information or guidance to the Traveler(s) with respect to local customs, emergency contacts, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated.
11.4 Traveler(s) agree that they are responsible for any costs incurred by SD BHARAT DARSHANI, SD BHARAT DARSHANI's suppliers, or SD BHARAT DARSHANI's partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Traveler(s) while on tour. Traveler(s) agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service or facility (as appropriate) and/or a SD BHARAT DARSHANI representative as soon as possible upon discovery by the Traveler(s).
11.5 Traveler(s) agree to take all prudent measures in relation to their own safety while on any SD BHARAT DARSHANI tour Product, including, but not limited to, the proper use of safety devices such as seat belts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Traveler(s) health and safety. SD BHARAT DARSHANI, nor its Third Party Suppliers shall not be liable for any failure on the Traveler(s)'s part to comply with safety instructions or recommendations of SD BHARAT DARSHANI or its Third Party Suppliers.
11.6 Traveler(s) hereby agree that they will abide by the scheduled timing, scheduled route, or scheduled halts as issued by SD BHARAT DARSHANI, and that they or their legal representatives will not hold SD BHARAT DARSHANI or its associated companies or agents liable in any manner whatsoever in the tour, if they do not conform to the scheduled timing, scheduled route, or scheduled halts as provided by the Organizer.
11.7 All baggage and personal effects are at all times and in all circumstances the responsibility of the Traveler and the Company shall not be liable for their loss by airline/cruise/coach or any other carrier whilst on the tour.
12. CONTENT AND USE
12.1 You give SD BHARAT DARSHANI an automatic non-exclusive, non-transferable right over all works of authorship whether through text, images, videos, audio, etc., ("Content") that you upload, provide, transfer or otherwise make available ("Post") on the Website or provide to SD BHARAT DARSHANI in such other manner. Such rights given to SD BHARAT DARSHANI do not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder; however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, and royalty-free license with the right to unrestrictedly sublicense, to use, copy, perform, display, distribute, derive works from, and distribute such Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from SD BHARAT DARSHANI for Content posted on the Website unless provided otherwise herein.
12.2 For sharing of Content by users interested or on third-party websites or platforms, all Content shall be governed strictly by the following creative commons license regime - http://creativecommons.org/licenses/by-nc-nd/3.0/ It is expressly clarified that in so far as sharing of the Content is concerned.
12.3 For all other content posted by SD BHARAT DARSHANI, including images, videos, travel itineraries, or its third-party service provider details or such other content not expressly provided for herein on the Website ("SD BHARAT DARSHANI Content"), SD BHARAT DARSHANI shall retain all proprietary rights. You as the User shall be granted a limited, revocable, non-licensable license by SD BHARAT DARSHANI to view the SD BHARAT DARSHANI Content. You shall use the SD BHARAT DARSHANI Content only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell, or create any derivative works based on the SD BHARAT DARSHANI Content. Content not on the Website shall be governed by such terms as determined appropriate by the authors of said Content.
12.4 The same limitations that apply to Your use of the SD BHARAT DARSHANI Content also apply to Content posted by other Users.
12.5 You further agree that in respect of third-party Content, including but not limited to Content uploaded by other Users that SD BHARAT DARSHANI shall be in no way responsible or liable for any such Content. SD BHARAT DARSHANI assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties, this in particular applies to Content not on the Website.
12.6 You represent and warrant that:
(a) You own the Content posted by You on the Website;
(b) Your Content does not violate the privacy rights, copyright rights, or other rights of any person;
(c) by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party;
(d) any information you provide as a part of the Content is correct and true to the best of Your knowledge and is provided by You in good faith; and
(e) Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Website, except as provided herein.
12.7 Any interactions, agreements between You and other Users or advertisers are made completely independent of SD BHARAT DARSHANI. SD BHARAT DARSHANI is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold harmless SD BHARAT DARSHANI against any such disputes.
12.8 In order to protect Users from unwanted advertising and solicitation, SD BHARAT DARSHANI may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Website.
12.9 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
12.10 In addition to the Content prohibited by law, You agree that you will not post any Content that:
(i) is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;
(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
(iii) harasses or advocates stalking or harassment of another person;
(iv) involves the transmission of "junk mail" or unsolicited mass mailing, or "spamming";
(v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by intellectual property law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(x) except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
(xii) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
(xiii) otherwise violates the terms of these Terms of Use or creates liability for Us ("Prohibited Content").
12.11 Any use of the Website in violation of these Terms of Use may result in, among other consequences, termination or suspension of your rights to use the Website. We may disclose information about your use of the Website in accordance with our privacy policy.
12.12 We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates these User Terms or which is Prohibited Content or may otherwise violate the rights, harm, or threaten the safety of any User or any other person or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Website (or modifying it), terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Website.
12.13 You will use the Website in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Website is, except for the exceptions carved out herein, for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
12.14 You will not attempt to impersonate another User/Traveler or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
12.15 The Content on the Website is formulated independently and provided to Users in good faith. Any resemblance to other Content that may be found elsewhere is purely coincidental. Where it comes to the notice of any person that any Content uploaded to the Website may be in violation of the intellectual property rights of a third party, we would urge such third-party to contact us and we shall take appropriate action under our intellectual property policy below.
13. THIRD-PARTY INTELLECTUAL PROPERTY
13.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Website in a way that constitutes an intellectual property infringement, please provide us the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
(vi) a statement by you in a sworn affidavit - please note that executing a sworn affidavit with the knowledge that the information contained therein is false is a criminal offence punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13.2 Contact information for notice of claims of intellectual property infringement is as below: bharatdarshanitourism@gmail.com
14. COMMUNICATIONS
14.1 Your use of the Website or communications with SD BHARAT DARSHANI are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from SD BHARAT DARSHANI as and when required.
15. EXPRESS DISCLAIMERS
15.1 SD BHARAT DARSHANI does not make any warranty regarding the truthfulness or veracity of the Content. SD BHARAT DARSHANI expressly disclaims that the views expressed by Users on the Website are their own and SD BHARAT DARSHANI does not endorse the same merely because they are posted on the Website. Further, SD BHARAT DARSHANI shall in no event be liable for any false, libelous or mala fide views expressed in the Content on the Website. In the case of such Content that is malicious, false, inflammatory, libelous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of SD BHARAT DARSHANI's policies, affected parties are advised to contact our customer service team at bharatdarshanitourism@gmail.com with the details of such violation to enable us to take appropriate action.
15.2 SD BHARAT DARSHANI is in particular not responsible for the commission, omission, and actions of third-parties in particular those committed offline.
15.3 We are further not responsible for:
i. any incorrect or inaccurate Content (including any information in User profiles) posted on the Website, whether caused by Users or by any of the equipment or programming associated with or utilized in the Website.
ii. the conduct, whether online or offline, of any third-party or User of the Services.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Website.
v. any loss or damage, including personal injury or death, resulting from the use of the Website or from any Content posted on the Website or transmitted to Users, or any interactions between Users whether online or offline.
15.4 The Website and Service are provided on an "As-Is" basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and Service will meet Your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website will be accurate or reliable.
16. USE
16.1 You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following statutory and non-statutory principles:
16.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail" or unsolicited mass mailing;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
(h) violates or promotes the violation of a third-party's intellectual property rights;
(i) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) contains video, photographs, or images of another person (with a minor or an adult);
(l) tries to gain unauthorized access or exceeds the scope of authorized access to the Website;
(m) solicits gambling or engages in any gambling activity which SD BHARAT DARSHANI in its sole discretion believes is or could be construed as being illegal;
(n) interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(o) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(p) harms minors in any way;
(q) violates any law for the time being in force;
(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(s) impersonates another person;
(t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
(u) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
(v) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
16.2 You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. SD BHARAT DARSHANI reserves the right to bar any such activity.
16.3 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
16.4 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
16.5 You shall not misuse or otherwise violate the intellectual property rights of SD BHARAT DARSHANI or any third-party User of the Website. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website.
16.6 You may not use the Website or any content for any purpose that is unlawful or prohibited by law, these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SD BHARAT DARSHANI or third parties.
16.7 You shall at all times ensure full compliance with the applicable provisions of all domestic laws in force in India as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances, and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.
16.8 Solely to enable SD BHARAT DARSHANI to use the Personal and Non-Personal Information You supply - You agree to grant SD BHARAT DARSHANI a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights You have in the Personal and Non-Personal Information, in any media. SD BHARAT DARSHANI will only use the information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
16.9 It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
17. PRIVACY
17.1 Your privacy and data is dealt with by us in a manner consistent with all applicable domestic laws in India. Your information collected by us may be sold to third parties as part of a merger, amalgamation or such similar proceedings that SD BHARAT DARSHANI may be involved in the future. Please read our privacy policy http://www.bharatdarshani.com/Privacy-Policy.html and if you still have objections to the use of your data in this manner, then please do not use the Website.
17.2 You may be required to register a mobile number with us at the time of registration. By providing us with this mobile number, You consent to receive calls and text messages from us in relation to the Website and any offers and promotions that we may operate from time to time. We will never share your mobile number with third parties for promotional purposes.
18. DISCLAIMER OF WARRANTIES AND LIABILITY
18.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, SD BHARAT DARSHANI does not warrant that:
a. This Website will be constantly available, or available at all; or
b. The information on this Website is complete, true, accurate or non-misleading.
18.2 SD BHARAT DARSHANI will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. SD BHARAT DARSHANI does not warrant that this site; information, Content, materials, products (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
18.3 Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
19. INDEMNITY
19.1 You shall indemnify and hold harmless SD BHARAT DARSHANI, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
20. OUR INTELLECTUAL PROPERTY
20.1 This site is controlled and operated by SD BHARAT DARSHANI. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use unless specified otherwise. You must not directly or indirectly, or conspire with or enable a third party to - copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. We shall prosecute all intellectual property violations to the fullest extent permissible under law.
20.2 In case images or other content on the Website are required by you for whatever purpose, please contact bharatdarshanitourism@gmail.com for prior permission/licensing arrangements.
21. LIMITATION OF LIABILITY
21.1 IN NO EVENT SHALL SD BHARAT DARSHANI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SD BHARAT DARSHANI SHALL AT NO TIME EXTEND BEYOND THE AMOUNT RECEIVED FROM A PARTICULAR TRAVELER.
22. APPLICABLE LAW
22.1 Terms of Use and all payments, bookings, reservations etc., made thereunder shall be governed by and interpreted and construed in accordance with the laws of the Republic of India. The courts at Bombay shall exercise exclusive jurisdiction over any disputes.
23. JURISDICTION
23.1 Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. SD BHARAT DARSHANI makes no representation that materials on the Website are appropriate or available for use in other locations/countries other than India.
24. FOOD
24.1 There is mostly a pre-set menu for meals depending on the tour program. Packed meals may be served at some places. The types of meals are mostly Indian vegetarian food. Serving/Addition of Non-vegetarian food is at the hotel’s discretion. Apart from that, if any different dish is required, the guest(s) shall make their arrangements.
25. VISA
25.1 Whereas the agency offers Visa facilitation services to Users and provides guidance in terms of documentation, it does not provide any assurance nor assumes responsibility for the outcome of the Visa application process. In the event of rejection of Visa, no part of the Fee or service charges is refundable. The User agrees to not seek any clarifications with regards to the reason for rejection of the Visa from the agency and seek such information directly from the Embassy concerned. The user further undertakes to not hold the agency responsible and not to seek compensation for financial losses, or loss of reputation due to cancellation of travel plans or any other tangible, intangible, or emotional loss deemed to be suffered by the client.
25.2 Booking of services is always independent of the Visa process and cancellation charges are levied by service owners including Airlines, Hotels, Transportation, Sightseeing, and any other service booked. The site will retain a service charge to cover expenses in booking of services.
26. MISCONDUCT BY TRAVELER
Your safety and wellbeing is of paramount importance to SD BHARAT DARSHANI and we strive to provide you with the best and quality services. Still, in case of any misconduct by any co-passenger or third-party tour operators, we will try to resolve that to the maximum extent and will take care of such matters for future travels concerning particular reported individuals or instances.
26.1 In case of any misconduct by any co-passenger or third-party tour operators, the tour manager's decision will be considered as final and if Traveler(s) fail to follow the same, the tour manager is authorized to exclude the Traveler(s) from the rest of the tour and the cost of the rest of the tour will be borne/paid by Traveler(s) themselves. SD BHARAT DARSHANI will not be legally responsible to pay any amount/refund in this case.
26.2 It is clarified that SD BHARAT DARSHANI shall not at any time be liable for the acts of third parties that may adversely affect You.
27. IMAGES AND MARKETING
27.1 The Traveler(s) agrees that while participating in any SD BHARAT DARSHANI Product tour (including, without limitation, Group/Independent travel, Expedition Trips, and Package Travel) images, photos, or videos may be taken by other Traveler(s) and/or SD BHARAT DARSHANI representatives or Tour Leaders that may contain or feature the Traveler(s) in part or in whole.
27.2 The Traveler(s) acknowledges that they consent to any such pictures being taken and agree that Traveler(s) grants a perpetual, royalty-free, worldwide, irrevocable license to SD BHARAT DARSHANI, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Traveler(s) or compensation payable to such Traveler(s).
27.3 You also acknowledge that any Content featuring You that is placed on our Website may be used by third parties without our authorization or consent and that We do not have any control over this. Where it comes to your notice that such violations have taken place, we suggest that you contact us at bharatdarshanitourism@gmail.com and we shall make all reasonable efforts to rectify the violation by such third party; however, we make no assurances that we shall be able to rectify such violations in all instances.
28. COPYRIGHT
28.1 SD BHARAT DARSHANI respects copyright law and expects its users to do the same. This website and its content are copyright of SD BHARAT DARSHANI.
29. AMENDMENTS
29.1 SD BHARAT DARSHANI reserves the right to update and/or alter these Terms at any time and shall post the amended Terms on the SD BHARAT DARSHANI Website (www.bharatdarshani.com). Any such amendment shall take effect immediately after posting to the Website. The latest Terms, as amended, may be accessed anytime on SD BHARAT DARSHANI's website at http://www.bharatdarshani.com/terms-conditions/, or will be sent to Traveler(s) upon their written request to SD BHARAT DARSHANI. Traveler(s) shall be deemed to have accepted any amendments to these Terms after their posting on the SD BHARAT DARSHANI website. SD BHARAT DARSHANI recommends that all Traveler(s) refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
30. HOW TO CONTACT US
30.1 If you have any questions or concerns about the terms and conditions, you may contact us at bharatdarshanitourism@gmail.com or through our WhatsApp account at +91 9226712799.