TERMS AND CONDITIONS
NOMADIC KNIGHTS TERMS AND CONDITIONS
NOMADIC KNIGHTS PRIVATE LIMITED IS REGISTERED IN THE STATE OF KARNATAKA, INDIA. REGISTRATION NUMBER U74900KA2014PTC074307. THIS AGREEMENT IS MADE IN INDIA WHEN WE ACCEPT YOUR BOOKING AND IS SUBJECT TO THE EXCLUSIVE JURISIDCTION AND LAWS OF THE REPUBLIC OF INDIA. ANY DISPUTE OR DIFFERENCE IS TO BE RESOLVED IN ACCORDANCE WITH THE RULES OF ARBITRATION BEFORE THE KARNATAKA ARBITRATION CENTRE WITH A SINGLE ABRITRATOR IN ENGLISH
Nomadic Knights provide ADVENTURE GUIDED TOUR services. (the Tour) You are in control of your riding/driving experience. Nomadic Knights are facilitating your adventure providing guides, motorcycles/motorcars and support facilities. Driving or Riding on unfamiliar often partly made or even off road can be hazardous and requires a reasonable degree of fitness skill and attention at all times.
References to Nomadic Knights and to the “organisers” INCLUDE all persons we engage or work with in organising the adventure.
You agree to comply with all local regulations and customs and to provide the undertakings appearing at Schedule 1. Your opportunity to ride exciting terrain is matched by acknowledging that you are a guest in the country and that you agree to abide by the undertaking
Your Guides are there to help you and your co-participants complete the Tour safely. If you do not comply with the reasonable requirements and directions of your Guides and your Guides believe that you may be a danger to yourself or others you may be asked to leave the Tour and no refund will be given.
You are aware that the Tour in addition to the usual dangers and risks inherent has certain additional dangers and risks and that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity and that these inherent risks contribute to the enjoyment and excitement and are the reason for your participation.
The risks include, but are not limited to travelling in mountainous terrain, unstable and crowded roads, physical exertion for which you may not be prepared, altitude, civil unrest, forces of nature, all forms of transportation, accident or illness in remote areas without means of rapid evacuation or proper medical facilities.
Attitudes to and standards of safety are very different to those in Western Europe. Minimum standards of vehicle maintenance or driving standards are not widely enforced. You must accept all the consequences of such a different lifestyle, culture and attitudes, which may be averse to your well-being.
Your guides are there to help you experience true adventure riding and to advise you, they cannot remove or prevent injury or even in extreme circumstances death.
You acknowledge that the countries that we travel in are for the most part, underdeveloped by Western standards. The basic infrastructure and level of tourist amenities, including creature comforts and level of accommodation may be of much lower standards than you are used to.
You acknowledge that the nature of this type of travel requires a considerable degree of tolerance and a flexible constructive attitude.
You must allow for alternatives, some of which may include: not arriving at the day’s final destination, having to take an alternative road/route, change in accommodation. Start and Finish dates are not fixed and can vary.
You are part of a group and will be expected to assist each other through unforeseen challenge delays breakdowns and weather changes that can materially affect our schedule.
It is important to understand that even the most meticulously planned arrangements can and do go wrong.
You agree to follow the instructions of Nomadic Knights’ guides, employees, agents and suppliers during the tour.
If we have any concern as to your health conduct or physical or mental ability which might endanger you or which appears to us might affect the progress or safety of the Tour you may be excluded from the whole or part of the Tour at our absolute discretion. In such circumstances no refund or compensation will be due to you.
You accept responsibility for obtaining all necessary travel information and documentation required for the event.
Any information that we provide to you on such matters as permits, visas, vaccinations, climate, clothing, baggage, special equipment etc., whether done before the start or during the event, is given in good faith for guidance only without any responsibility whatsoever on the part of Nomadic Knights.
1 BOOKING AND FORMATION OF OUR CONTRACT WITH YOU.
Your booking is an offer BY YOU to us to take part in a Tour. If we accept your request to participate a contract for the provision of services arises which is subject to these terms and conditions.
This is subject to the Laws & Regulations of India. By commencing the Tour you will be deemed to have accepted these Terms & Conditions, you may also be required to sign/re-sign these Terms before commencing the Tour.
Your deposit is non-refundable, and has been paid to secure your place.
The final balance payment is to be paid no less than 112 days before the start of the Tour. If we do not receive your final balance payment on time your place on the Tour may be at risk, and we are entitled to cancel your booking.
If we cancel your booking due to non-payment We shall be entitled to retain the deposit and you may be required to make such further payment as is needed to cover its reasonable costs and losses caused by withdrawal.
3 CANCELLATION BY YOU
If you are not able to participate in the Tour for any reason we will require written confirmation of your intention to withdraw from the Tour.
Your place on the Tour will not be cancelled or transferred until we receive written confirmation. You acknowledge that Nomadic Knights may incur further costs and losses if you delay providing written confirmation.
We will reallocated your to another participant if we are reasonably able to do so we will do so, in which case we will refund your payments after deduction of an amount equal to the deposit, our reasonable administration costs and out of pocket expenses
If we cannot reallocate your place on the Tour we will refund the amount set out in Clause 4 of these terms.
4 OTHER CHANGES AND CANCELLATION
We reserve the right to make changes to or correct errors in published and other details (before and after booking). We reserve the right to cancel a Tour in any circumstances.
If we cancel your Tour because we are unable to provide the service (other than by reason beyond our control) you are entitled to either receive a refund or accept a place on a replacement Tour from price, and us of equivalent or closely similar standard if one is available.
We will refund the difference in price if the replacement Tour is of a lower standard and price.
5 CANCELLATION BY US DUE TO CAUSES BEYOND OUR CONTROL
We will use our best efforts to ensure we can provide your Tour but due to the nature of the terrain, political situation, weather and geography and the nature of adventure motorcycling and driving and despite our best efforts it may be impossible or unsafe to continue. YOU ARE AWARE THAT WE WILL INCUR COSTS AND TIME ON YOUR BEHALF TO PROVIDE THIS OPPORTUNITY BUT THAT MATTERS BEYOND OUR CONTROL MAY PREVENT THIS. If this happens we are entitled to cancel the Tour and we will refund you the proportion of the monies you have paid as set out below
90 DAYS NOTICE 70%
60 DAYS NOTICE 30%
LESS THAN 60 DAYS NOTICE 0%
ADVENTURE MOTORCYCLYING AND DRIVING IS INHERELTY UNCERTAIN YOU MUST OBTAIN CANCELLATION INSURANCE AS PART OF YOUR TRAVEL INSURANCE. It is in the nature of all adventure motorcycling that unforeseen events might cause the loss of fees and expenses you incur.
If we have to make a major change to an event, or cancel a Tour we will notify you of that change as soon as possible. If there is time to do so before the start of the event, we may be able to offer you the choice of accepting the changed arrangements.
If you are unable to start a Tour on the expected date or within a reasonable time, due to matters within our control or if we notify you of a major change to the Tour or cancellation by us, you have the option to transfer to a subsequent Tour operated by Nomadic Knights, the equivalent amount to the refund of your refund can be credited towards the cost of that subsequent event.
If there is a price change for the subsequent event, you will be required to pay the full price of that event, and will be refunded the balance if the amount you have paid is greater than the price of the subsequent event. You will also be required to complete a new agreement relating to the subsequent event.
1 TRANSFER OF PARTICIPATION:
Subject to giving at least 30 days notice in writing that you are unable to take part in the Tour or are prevented from travelling due to circumstances beyond your control, Nomadic Knights will agree to your booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both you and that person accepting joint and several liability for full payment of the Tour price and Nomadic Knight’s charge for confirming the transfer and any additional costs arising from the transfer.
YOU ARE RESPONSIBLE FOR THE COSTS OF ANY MEDICAL ASSISTANCE AND FOR ANY COSTS OF REPATRIATION OR ADDITIONAL COSTS OF MEDICIATION ACCOMODATION TRAVEL LEGAL EXPENSES OR OTHER COSTS WHICH ARISE OUT OF ANY INCIDENT INJURY OR INCAPACITY (INCLUDING DEATH)
IT’S A CONDITION OF MAKING A BOOKING that you (and your pillion if applicable) hold valid and adequate personal travel insurance, for the period of the event, that includes driving vehicles and riding motorcycles in a foreign country, and medical cover for motorcycling in the Tour of an accident or medical emergency which includes repatriation back to the your country. YOU AGREE THAT ALL RIGHTS OF SUBROGATION WILL BE EXCLUDED AND YOU WILL INDEMNIFY US IN RELATION TO ANY BREACH OF THIS CONDITION. YOUR INSURANCE SHOULD INCLUDE ANY ADDITIONAL COSTS INCURED BY NOMADIC KNIGHTS ASSISTING YOU TO A PLACE OF SAFETY OR ADDITIONAL COSTS OF PROVIDING ASSISTANCE TO YOU.
We strongly recommend that YOU ENSURE YOU CAN OBTAIN suitable travel insurance BEFORE BOOKING THE Tour and that this is obtained by you as soon as possible after signing up for the event. This should provide cover against additional costs, accommodation, cancellation charges, unexpected curtailment of the trip, legal and medical expenses, loss or damage to luggage and personal liability claims.
Proof of travel insurance is required when you pay the balance of the monies due 112 days prior to the start of the event.
You are responsible for any loss damage or injury caused to any third party in India. The motorcycle you ride or car you drive is insured by the owner of the vehicle for losses caused by injury to third parties, this policy is available for inspection. It is however customary for collision damage to be settled in cash by the rider or driver, which may or may not be recoverable from the insurers
DAMAGE TO THE VEHICLE
YOU ARE RESPONSIBLE FOR RETURNING THE VEHICLE IN GOOD CONDITION SUBJECT TO FAIR WEAR AND TEAR COMMENSURATE WITH THE CONDITIONS WHERE THE TOUR OPERATES.
Should damage occur to your motorcar or motorcycle through driver or rider error you will be liable for the cost of repair.
YOU SHOULD ENSURE THAT YOU HAVE ADEQUATE INSURANCE FOR ALL FORSEEABLE RISKS.
3 YOUR RESPONSIBILITIES
You must ride your motorcycle or drive your car in accordance with local laws, rules and regulations. In the absence of fault by anther party you are responsible for any damage arising from a collision involving you and a third party or another participant caused by your neglect.
You must inform us of any medical, physical, mental or other condition, which might affect the your ability to safely complete the Tour, including any condition arising or recur en route. If in our reasonable opinion we consider you may be medically, physically or mentally unsuited or unable to continue, we may in our absolute discretion terminate your participation or we may require you to undergo a medical examination before continuing.
If full details of an medical or physical conditions are not given at the time of booking, we reserve the right to cancel the booking when we become aware of these details and retain as much of the deposit or other payments as is needed to cover our reasonable costs and losses caused by cancellation.
It is your responsibility to ensure that you seek professional medical advice before travelling and to take all necessary health precautions and preventative measures and obtain vaccinations as necessary for the event.
You MUST hold
A valid passport AND VISAS for visiting the countries on your chosen event. Your passport must be valid for six months after the end date of your event. It is your responsibility to obtain all visas and permits where and when required. The cost of obtaining any visa is also your responsibility.
A valid driving license for the motorcycle you are riding or car you are driving.
A valid international drivers permit (IDP) where and when required.
You may not be able to participate in the Tour if you cannot produce any of these documents when requested to do so. All additional direct and indirect costs incurred by you to replace documents or because you cannot continue with the Tour are borne by you and refunds will not be made for any part of the Tour missed.
5 YOUR CONDUCT
We reserve the right at our absolute discretion to terminate your Tour without prior notice should your behaviour be such that it is likely in our reasonable opinion to cause danger, annoyance or damage to any other person or property.
We have a zero tolerance policy regarding any type of abuse.
Any form of threatening behaviour, verbal, racial or physical abuse to another member of the group or towards any of our staff, contractors or Tour leaders will result in you being expelled from the Tour and your participation terminated and you will be required to leave the Tour. We will have no further responsibility including any return travel arrangements from the point of termination. No refunds will be made and we will not pay any expenses or costs incurred as a result of such termination.
The Tour price will not be subject to a surcharge save that in exception circumstances resulting from Government action affecting transportation cost and/or currency fluctuations. There may be instances where circumstances beyond our control dictate an increase in the cost.
We will not pass on any increase less than 2%. We reserve the right to introduce a proportionate surcharge for increases larger than this if they occur more than 60 days before travel. If as a result of the surcharge the increase is more than 10% of the stated Tour price you will be given the option to cancel your booking and receive a full refund.
7 DATA PROTECTION
Your participation as part of a group is a public event, we shall be entitled to publish photographs of the Tour and you consent to such publication. Your participation constitutes acceptance that Nomadic Knights and your co-participants may publish information concerning the Tour, which may include your personal data.
Whilst we always take care not to publish anything which is compromising or might bring you into disrepute we cannot prevent and are not responsible for the publication of any images or statements or disclosure of personal data made by your co-participants.
We will keep all personal sensitive information concerning your health and financial matters secure but we shall be entitled to share this information with regulatory authorities and medical service providers as may be required for your health or the health of others. (Particularly if any concern arises as to infectious diseases or possible contagion)
We will be entitled to keep and maintain you personal information and to use this for the purpose of offering you goods or service and enhancing the service offering. We may share this with our service providers.
8 DISCLAIMER/OUR LIABILITY TO YOU
We will make sure that the arrangements we have agreed to make or provide as part of our contract with you are made or provided with reasonable skill and care. This means that, subject to these terms and conditions, we will only be responsible if the arrangements are deficient as a result of such failure by employees, our agents, suppliers or ourselves.
Also, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the relevant time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
For all claims not involving death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay is limited to the amount paid by you to us in respect of the event.
We will not be responsible for any injury, illness, death, loss (e.g. loss of enjoyment), damage, expense, cost or other sum or claim of and description whatsoever which results from any act and/or omission of the person affected or the act and/or omission of a third party which were unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
We do not accept responsibility for any services not forming form part of our contract with you, such as additional service or facility any supplier agrees to provide for you if the service or facilities are not advertised in our publicity materials and we have not specifically agreed to arrange them.
9 COMPLAINTS AND PROBLEMS
If you have any reason to complain or experience any problems, you must immediately inform our representative (if there is one) and the supplier of the relevant service(s) or your Tour guides.
Any verbal notification must be put in writing and given to our representative or your Tour Guides as soon as possible. If you remain dissatisfied, you should contact us at the earliest opportunity. Until we know about a problem or complaint, we or the supplier cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction you must write to us within 28 days of your return to your country of residence giving your booking reference and full details.
10 SPECIAL REQUESTS
If you have any special request needs or requirements, you must advise us in writing when you apply to participate in an event. We cannot guarantee any request will be met and failure to meet any special request will not be breach of contract on our part.
Confirmation that a special request has been noted in your confirmation or any other documentation is not a promise that the request will be met. We cannot accept any conditional bookings and all bookings will be treated as subject to these provisions as to special requests.
11 PUBLISHED INFORMATION
The information contained in our publicity materials is correct to the best of our knowledge at the time of publishing. Please note that the published information may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of such information at the time of printing, errors do occasionally occur.
You must therefore ensure you check all details with us before you apply.
12 APPLICABLE LAW
This Agreement is subject to the Laws of India and subject to resolution by a single Arbitrator the seat of the Arbitration (KARNATAKA Arbitration Centre) in (KARNATAKA) by a single Arbitrator in English.
13 EVENT DISCLAIMER
By applying to join a Tour you acknowledge that you have read and understood these Terms and Agree to abide by the requirements and conditions of the Tour.
You will be required to sign a disclaimer before commencing the Tour that you have complied with all of the pre-conditions and that you have read and understood Nomadic Knights terms and conditions and expressly agree to abide by their terms of business.
You acknowledge that participation is entirely at you own risk and that motorcycling and motorcar adventure travelling entails enhanced known and unanticipated risks.
You accept that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity. The risks include, but are not limited to travelling in mountainous terrain, altitude, civil unrest, forces of nature, all forms of transportation, accident or illness in remote areas without means of rapid evacuation or proper medical facilities.
By applying to join the Tour and by commencing the Tour you release Nomadic Knights, their guides, any members of staff or contractors from any and all liability arising from physical or emotional injury, paralysis, illness, death, delays, loss or damage to property, or to third parties, recklessness of any kind, and from any and all claims, demands or expenses resulting from the Tour.
You expressly agree and promise to accept and assume all of the risks existing in this activity. You accept that participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
You give this release of liability and assumption of all risks statement applies to all members of my family and are binding upon my heirs, legal representatives and assigns.
UNDERTAKINGS & ACKNOWLEDGEMENTS BY ALL PARTICIPANTS
1 NATURE OF THE TOUR
I acknowledge that Nomadic Knights are providing a guided tour and that I am responsible for my own riding/driving and conduct.
2 DRIVING LICENSE
By the start of the Tour I will hold a driving licence valid for me to take part in the Tour and will provide proof of this to the organisers. The licence is mine and all documents, including the driving licence, are valid and have not been tampered with in any way.
If any documents prove to be false, I accept that liability is mine, and not that of you or the organisers. I will carry the original of this document with me at all times during the tour.
By the start of the Tour I will have travel insurance which covers me to drive a motor vehicle or ride a motorcycle (up to 500cc) whilst on the Tour and I have checked its terms and conditions.
I understand that whilst the organisers will require proof of valid travel insurance, it is my responsibility to ensure I have suitable cover. I will carry the original of this insurance document with me at all times during the tour.
By the start of the Tour I will be 18 or older and have a current passport, valid for at least six months after the end of the Tour and valid visa documents as required.
5 INTERNATIONAL DRIVING PERMIT
By the start of the Tour I will hold a valid International Driving Permit (IDP) if required and will provide proof of this to the organisers. This, when accompanied by a valid driving licence, allows me to drive a private motor vehicle overseas. IDP’s are generally valid for 12 months from the date of issue. I will carry the original of this document with me at all times during the tour.
6 THIRD PARTY INSURANCE
I understand that you will provide third party insurance for my operation of the motor vehicle in the event, covering me in respect of any third party accident, but that any costs associated with the repair of my motorcar or motorcycle due to driver or rider damage, error or careless driving/riding will be covered by me.
7 MY DRIVING/RIDING
I will drive/ride responsibly at all times and accept that I am responsible for my own safety. I am aware that driving motorcars or riding motorcycles in a foreign country can be dangerous and unpredictable. I understand that any accidents I am involved in are to be resolved by me, my insurance provider and the third-party only.
8 MEDICAL ASSISTANCE
I am aware that due to the nature of the Tour I may be out of reach of medical assistance at various times before, during and after it. I accept that immediate medical assistance may not always be possible and that due to the distances covered each day during the Tour I may be many hours from hospital. I appreciate that at times medical assistance may be delayed by reason of circumstances such as heavy traffic, attendance at another accident or vehicles breaking down.
9 DRUGS AND ALCOHOL
I do not suffer from any drug or alcohol related dependency. I am aware that it is illegal to drive or ride under the influence of alcohol or drugs and that if caught I could face criminal charges.
I am not and will not be affected by alcohol or drugs during the driving and riding days. I acknowledge that if the organisers believe me driving to be impaired or that it may be unsafe for me to drive or ride (for any reason) I may be removed me from the Tour until they decide I am fit to take part or completely
If I make changes to my route timing or itinerary before, during or after the Tour I alone will be liable for anything resulting therefrom. This includes going off the designated route where I will be without support of the team members or medics.
10 OWNERSHIP/LOAN OF CARS AND MOTORCYCLES
I am aware that the motorcars and motorcycles are the property of Nomadic Knights and are on short-term loan to me for the period of the Tour only.
11 REFUSAL OF ACCESS
If I am refused passage/or entry/or exit to or from any of the countries we operate in, any additional costs incurred will be my own responsibility.
12 TRANSFERS AND TRANSPORTATION
13. I agree that any transfers I arrange outside of the proposed itinerary and any on-going travel arrangements I arrange following the Tour will be at my own expense.
13 FOOD AND ACCOMODATION
I understand that bed, breakfast and dinner are included but that all other expenses (including lunch, drinks and telephone calls) will be my own responsibility and will have to be paid for in cash at the time of any such purchase.
I understand that I may be required to share rooms with other participants. I understand that in some of the accommodation our requirement for twin-bedded rooms may exceed the supply and only double beds may be available.
I accept that any damage or breakages caused by me during my stay in hotels or at other accommodation during the Tour will be my responsibility.
I will be responsible for filling up my motorcar or motorcycle with fuel and that this should be done at the end of each day to avoid causing delay to the event. Occasionally Nomadic Knights will supply fuel. It is your responsibility to monitor your fuel levels.
15 OBSERVING SAFETY BRIEFING
I will attend all briefing sessions and heed the advice of the organisers about the driving and riding conditions, including that given to me during the introduction speeches. I will take proper care to ensure my safety and will not put any third party at risk by reckless or dangerous or driving or riding.
16 PERSONAL PROPERTY
I am aware that I must bring with me all items marked ‘essential’ on the KIT LIST and use them at all times when driving or riding during the event.
I am responsible for my personal possession and that Nomadic Knights are not liable for any loss or damage to my property.
17 ACCEPTANCE OF RISK
20. I acknowledge that there are risks involved in any adventure travel activity, including, but not limited to the dangers of travelling in mountainous terrain, high altitude, forces of nature, civil unrest, hijacking , criminal activity, terrorism, travel by aircraft, truck, bus, jeep, car, motorcycle, bicycle, watercraft or any other means of transportation, accident or illness in remote areas without means for rapid evacuation or medical facilities.
18 MEDICAL CONDITION
I am fit and I do not know of any medical condition or injures that would limit or render my participation difficult or unsafe. If requested to do so I will provide a letter from my doctor confirming that I can safely participate in the Tour and I acknowledge that I may at any time be required to undertake a medical examination as a condition of my continuing on the Tour
I acknowledge that whilst I am participating in the Tour I will be an ambassador for Nomadic Knights and that my co-participants are entitled to enjoy the experience. I will not victimize bully ridicule or discriminate against any of the Organizers of my fellow participants and will behave as an ambassador for my group and Nomadic Knights, at all times.
I ACKNOLWEDGE THAT I AM GUESTS IN THE COUNTRY AND THE THOSE THAT FOLLOW ME AS ADVENTURE MOTOCYCLISTS/ DRIVERS MAY BE MATERIALLY AFFECTED BY ANY MISCONDUCT ON MY BEHALF.
I WILL AND DO INDEMNIFY AND HOLD SAFE NOMADIC KNIGHTS AGAINST ALL LOSSES COST AND EXPENSE IT INCURS AS A RESULT OF MY BREACH OF THESE UNDERTAKINGS AND ACKNOWLEDGEMENTS