TERMS AND CONDITIONS
Campervan Camps and Holidays India Pvt Ltd (“We/Us/Ours”) is a registered
Company in India under the brand name “LuxeCamper”. The web identity of the
company is https://www.LuxeCamper.com (“website”). We offer Campervans
which include caravans or any Campervan suitable as per requirements on rentals
(hereinafter “Campervans”) and/or curated itineraries to our customers for
providing a great camping experience. We do this by using our own Campervans
and itineraries executed by us or by using Campervans belonging to third parties
and itineraries planned and executed by them. Users can also curate their own
itineraries as well.
In these Terms and Conditions, references to “you” and “your” include the first
named person on the booking and all persons on whose behalf the booking is made
or any other person to whom the booking is added or transferred. When we are
providing services through third parties, we are acting only as an intermediary
between you and the party rendering such services.
You must be 18 years of age, or the age of majority in your province, territory, or
country, to avail our services. Minors may only access the website under the
supervision of an adult. If you access the website or accept these Terms and
Conditions on behalf of a company or other legal entity, you represent and warrant
that you have the authority to bind that legal entity and, in such event, you and your
will refer to that legal entity.
Any booking made with us, whether by any online means, through any platform
where we have listed ourselves or through our website, electronic mail or otherwise,
shall be deemed to be a confirmation by you that these Terms & Conditions have
been read and understood along with tour details, dos, and don’ts, etc., and you
agree to be bound and obligated by them.
These Terms and Conditions constitute a legally binding agreement (Agreement)
between you and us, regarding your use of the platform for renting of the
Campervan or availing any of the services offered by us directly or indirectly. If
you do not agree to these Terms and Conditions, including our Privacy Policy, you
have no right to obtain information from or otherwise continue using the website or
our services.
DESCRIPTION OF SERVICES AND ACCEPTANCE OF TERMS AND
CONDITIONS
1. BOOKINGS
mail to enable us to make the required itinerary arrangements.
These Terms and Conditions are applicable (as the case maybe) in the above
forms of booking and you are bound by the same.
2. SPECIAL TERMS AND CONDITIONS FOR PRIVATE RENTING OF
VEHICLES
Please read these terms carefully
The Campervan can be hired for travel to your own destination without any
of our hospitality services, on a price-per-day model along with our driver.
The Campervan comes with a qualified driver with a Campervan license.
Only he/she shall drive the Campervan at all times. The guest shall not drive
the Campervan. If you are self-driving or having our own driver,you/your
driver shall need to sign a separate physical form at the time of handing over
of the Campervan on the start date of the Trail..
2.11. You shall not and not allow any person to:
constitute an offence against the law (which relates to driving under
the influence of alcohol or drugs);
and regulations or bylaws relating to road traffic including the Motor
Vehicles Act;
more passengers than the maximum specified at the time of booking;
other Campervan;
illegal activity including transport of banned substances;
Campervan;
i. ensure that each person uses safety restraints provided, at all times
whilst the Campervan is in motion.
3. OUR RESPONSIBILITIES
3.3. ACCIDENT OR BREAKDOWN
4. TERMS AND CONDITIONS FOR CAMPING
Please read these terms carefully
deemed to have forgone this option.
4.13. The sites can get very cold at night. Please carry warm clothing like jackets,
monkey caps, shawls etc.
4.14. Guests can smoke only in designated places. Smoking inside the lounge,
toilets, and tents is strictly prohibited.
4.15.Guests may carry limited supply of alcohol for personal consumption at
designated locations. We do not serve or sell alcohol. Guest shall not offer
alcohol or banned substances to any of our staff including drivers.
4.18.Please let us know in advance of any special requests etc. We are not
responsible for fulfilling any special request if not informed of the same at the
time of booking. If we are unable to accommodate such a request, we shall
inform you of the same.
5. WHAT IS NOT INCLUDED
6. GROUPS
6.1. Every booking shall have a designated leader and valid identity cards of all
passengers should be provided. The lead booker for a group shall be
responsible for the conduct of other members of the group and for ensuring
that they comply with these Terms and Conditions. He/she shall also be
responsible and liable for any damage to the Campervan and/or at the
Camping Site. Each member of the group shall be required to sign a waiver
form, that each member agree to the terms and conditions as set out in
Annexure-A of this document
7. MARKETING PROMOTIONS
7.1. We reserve the right to take photographs during the operation of any Trail and
use them for promotional purposes across various platforms. By booking a
Trail with us, it will be deemed that guests have consented to the use of any
photographic image taken during the booking. Guests who prefer their images
not be used should identify themselves prior to final payment to be exempted
from the photography waiver clause.
8. CANCELLATION POLICY
equivalent package or for the same value.
iv. Because we incur costs in cancelling your booking, you will have to
pay cancellation charges as follows:
Number of days prior to | Cancellation charge as a % of Trail |
More than 30 days | 5% of the amount shall be retained |
Less than 15 days | 100% of the amount shall be retained |
Cancellation after commencement | 100% of total Trail price will be |
15-30 days 25% of the amount shall be
retained as cancellation fee
8.4. If you cancel the booking owing to Covid or a Force Majeure event (as
described under Clause 15.1 below), we at our sole discretion and subject
to availability of the Campervan shall make your booking available for
another 90 days. In case of cancellation due to Covid, you shall be required
to provide us with a medical report substantiating on the claim.
9. INDEMNIFICATION
9.1. You at you own cost and expense will, indemnify, defend and hold us , our
affiliates, and their respective agents, and its and their respective successors
and assigns from and harmless against any claim, accident, third party loss,
suit, action, cause of action, animal attacks, food poisoning, personal
attacks, harassment (mental or physical), in group fighting, proceeding,
investigation, dispute, demand, order, directive, obligation, loss, theft,
injury, participation in activities, liability, damage, deficiency, assessment,
fine, penalty, forfeiture, judgment, lien, diminution of value, notice of
violation or non-compliance, cost, and expense, including, without
limitation, attorneys’ fees and expenses incurred to enforce these Terms
and Conditions, cost of defence, and cost of settlement, arising out of or
resulting from: (a) any breach by you or your group members or breach of
any obligation, representation, or warranty given by you or your group
members under this terms and conditions; (b) any negligence, error, or
omission by you or your group members with respect to its or their
obligations under or by reason of these Terms and Conditions; (c) any
violation of applicable laws.
9.2. You or your group members will indemnify us against any claim for losses,
negligence, damages or compensation, unfair trade practice, malicious
falsehood, cheating, breach of trust, defects, and deficiencies.
10. LIMITATION OF LIABILITY
10.1.We shall not be liable to you for any indirect, special or consequential
damages, in relation to Campervan and/or Camping Sites or in relation to
any of the services opted by you, or arising out of breach of warranty,
breach of contract, strict liability, or negligence arising out of or in
connection with any act or omission of us in respect of the Campervan,
Camping Site or use of any of our service, regardless of whether arising
from breach of contract, warranty, tort, strict liability or otherwise, even if
advised of the possibility of such loss, threat or damage or if such
loss/threat/danger could have been reasonably foreseen. Our liability for
damages hereunder and under any statement of work, regardless of the form
of action, will not exceed the total amount paid by you and received by us.
11. NO PARTNERSHIP OR AGENCY
11.1.The parties are independent and are not partners or principal and agent and
this Agreement does not establish any joint venture, trust, fiduciary, or
other relationship between them, other than the contractual relationship
expressly provided for in it. Neither party shall have, nor shall represent
that it has, any authority to make any commitments on other party’s behalf.
12. DISPUTE RESOLUTION
12.1.Any disputes or differences arising out of or pertaining to this Agreement
shall first be resolved by the parties through negotiations, failing which
such disputes/differences shall be referred to Arbitration by a sole
Arbitrator to be appointed by the parties mutually and all such Arbitration
proceedings shall be conducted in accordance with the provisions of the
Indian Arbitration and Conciliation Act, 1996. Such arbitration
proceedings shall be conducted in English language and be conducted in
Bengaluru. The Arbitral Award passed by the Arbitrator in pursuance of
such Arbitration proceedings shall be binding upon the parties hereto.
13. CONFIDENTIALITY
13.1.Any information, which is not publicly available and is provided by one
Party to the other Party for the purpose of implementing these Terms and
Conditions, shall not be disclosed by the receiving Party to any third party
without the prior written consent of the other Party. The Parties shall treat
such information as confidential. You shall not reveal or make public any
financial or other information in connection with your booking including
but not limited to booking details/packages or special discount or issue any
bad publicity relating to the same.
13.2. You shall not post anything derogatory on any media including social
media without first providing us with an opportunity to address and/or
rectify the grievance.
14. GOVERNING LAW AND JURISDICTION
14.1.These Terms and Conditions and any dispute or claim arising out of, or in
connection with, its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with
the laws of India.
14.2.Subject to clause 14.1, the parties irrevocably agree that the courts of
Bengaluru, Karnataka, India, shall have exclusive jurisdiction to settle any
dispute or claim arising out of, or in connection with these Terms and
Conditions, its subject matter or formation (including non-contractual
disputes or claims).
15. MISCELLANEOUS
15.1. Force Majeure
Neither Party shall be liable for any delay or failure of performance of any
obligation hereunder by reason of a Force Majeure Event; provided,
however, that a Party asserting any excuse for delay or failure of
performance shall: (a) as soon as reasonably possible notify the other Party;
(b) be excused from such performance only to the extent of such delay or
failure; (c) undertake good-faith efforts to resume performance hereunder
and do all things reasonably possible to remove the cause of such delay or
failure and mitigate its effect; and (d) continue performance hereunder with
the utmost dispatch as soon as the cause for such delay or failure is removed.
In the event, any delay or failure of performance is attributable to Force
Majeure Event, the time for performance affected by a Force Majeure
Event shall be extended for a period equal to the time lost by reason of such
delay or failure. “Force Majeure Event” means an event which is beyond
the reasonable control of a Party, and which make a Party’s performance
of its obligation hereunder impossible or so impractical as reasonable to be
considered impossible in the circumstances, and includes, but is not limited
to, pandemic, war, terrorist activities, riots, civil disorder, earthquake, fire,
explosion, storm, flood, or other adverse weather conditions, strikes,
lockouts or other industrial action, confiscation or other action by
government agencies.
15.2. Independent Relationship
Nothing in this Agreement shall create an agency, partnership or joint
venture between the Parties nor constitute either as agent or commercial
agent for any purpose whatsoever. You shall not assume any obligations on
behalf of us nor make any representations on behalf of us nor bind us in
any manner whatsoever. You shall not in any way represent yourself as
being an agent of us.
15.3. Remedies
You acknowledge and agree that in the event of any breach under this
Agreement, the remedies at law other than specific performance in respect
of such breach will be inadequate and we shall, at our discretion, be entitled
to seek specific performance against you for performance by you of your
duties, obligations, and responsibilities under Terms and Conditions.
Without prejudice to the foregoing, the Parties agree that we, at our
discretion, be entitled to claim damages for a breach of these Terms and
Conditions. You also acknowledge and agree that the remedies available to
us under these Terms and Conditions or under law or in equity are
cumulative.
16. Contact and Help Details
If you have any queries or need any clarifications, you may contact
LUXECAMPER via:
Email: [email protected]
GST 29AAICC1728N1Z8
PAN AAICC1728N
TIN BLRC18828F
CIN U63030KA2019PTC124239
ANNEXURE-A
WAIVER AND RELEASE OF LIABILITY FORM
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM
AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE
WILL.
Execution Date:
Name:
Signature:
IDENTITY CARD (Passport along with Visa Copy/Aadhar/Pan Card)