This document is designed to make you fully aware of the terms, conditions and policies governing your participation on our trips. It is also a legal document that requires your careful attention. Agreeing to these policies when booking one of our trips creates a contractual relationship between you and Apricous. After reading this entire Customer Agreement (the “Agreement”), you must indicate your acceptance of the terms & conditions found herein. The terms described herein, in combination with your online reservation forms along with your invoice and other applicable documents mentioned below, constitute the entire mutual Agreement between us.
This is the Customer Agreement between Customer (You) & Apricous. Please read the Agreement carefully.
Apricous offers trips across the world. Although anyone can come and be part of the journey, certain trips may require a certain level of expertise for some activities which you will be notified about in the trip brochure. The trips are designed keeping safety precautions in mind but at the same time we expect full cooperation from you in adhering to the safety norms.
Apricous at their discretion reserve the right to change itineraries without prior notice for various factors including but not limited to – safety, weather, mechanical breakdown, unforeseen emergencies or even due to minimum group size. You understand that all rates for transportation, hotels and other services are based on tariffs and exchange rates in effect at the time of the printing of the price list for said tour are subject to increase without prior notification in the event of changes therein.
To reserve a slot on any trip, a deposit of 500 USD per person is due from you at the time of booking. The deposit amount may vary depending on the destination.
For a confirmed departure the final balance payment is due from the Customer 75 to 90 days prior to departure. A trip will NOT be considered confirmed unless 100% payment is made against the invoice.
TRAVELERS VOLUNTARILY ASSUME ALL RISKS
All risks related to their travel planned and coordinated by Apricous including exposure to Covid19 or other communicable diseases; acts of terrorism, acts of God; accidents or any other incidents that occur while traveling or as a direct result of said travel. Travellers release Apricous and its partners of all related liability and willingly accept risks by placing a deposit on vacation.
Whilst all our programmes are designed keeping in mind utmost standards of safety. Accompanying parent of a minor child will be solely responsible for the wellbeing of the child. Apricous strongly recommends that when a minor is travelling with only one parent or guardian, the travelling parent/guardian should have with them a consent letter from the other parent/guardian authorizing the travel. The consent letter acts as proof to the border officer that the parent or guardian who is not in the presence of the travelling minor is aware of and is agreeing to the child’s international travel. The letter should include the other person’s contact details and details about the trip.
If you are travelling with a child who has a surname different to your own, for example you are a single parent, you are advised to travel with evidence of your relationship (eg a birth certificate) and a divorce or marriage certificate if applicable. In other scenarios, for example you are a grandparent taking your grandchild on holiday, or you are taking your child’s friend on holiday, you should be able to provide evidence that you have permission from the child’s parents to do this. Apricous will not be liable for any cancellations/ delays occurring out of your inability to produce the requisite documents.
The following cancellation fees will be applied to the Customer according to the number of days prior to departure of the trip that Apricous receives a written notice of cancellation from the Customer. Please note since most of our trips require planning logistics much in advance, we have to adhere to the below timelines. All cancellations must be made in writing and should be sent via email to Apricous.
It is the responsibility of the Customer to be in possession of all valid travel documents prior to and during their entire trip with Apricous.
FLIGHT TICKETS, VISA, and OTHER CERTIFICATIONS: You are required to make the necessary arrangements towards flight tickets, VISA applications and other certifications (if required) and share the same with Apricous prior to the start of the trip. Your inability to secure any of the above does not make Apricous liable in any way.
INSURANCE: Apricous recommends that you purchase a good travel insurance policy that includes but not limited to emergency medical evacuation, trip cancellation/interruption coverage and baggage loss protection as well as addition coverage (as mentioned above). You are requested to state the insurance policy details, policy number and the international phone number provided by the insurance company to contact should there be an emergency. Medivac coverage is typically included as a component of a good travel insurance policy. Because you are responsible for any and all costs that may arise from medical evacuation, in the event you claim to, but do not have medical evacuation coverage, you will be required to cover all medical evacuation expenses.
PRE-EXISTING CONDITIONS: Apricous cannot over emphasize to the Customer with pre-existing conditions that trip cancellation / interruption insurance must typically be purchased within 24 hours from the time the reservation is confirmed to cover cancellation resulting from the pre-existing condition.
You agree that he/she and child are in good health and good physical condition and is physically qualified to participate in a trip of such nature provided by Apricous. If there is any question as to the physical or health condition of the Customer that may disqualify him/her from participating in the trip he or she should immediately contact Apricous so that both parties may clarify the issue and jointly arrive at a determination of participation.
Apricous trips may also involve experiencing high altitudes. Customers who are easily susceptible to altitude sickness or have difficulty breathing at higher elevations should inform Apricous within two weeks of confirming a booking and ideally as soon as possible following confirmation.
If the Customer suffers from any medical condition, either physical or mental (including allergies) that might impact their travel experience, he or she should consult with their physician before participating in such trips and must advise Apricous of their condition and associated medical needs two weeks following confirmation (or at the earliest) once they have been given the medical go ahead by their doctor. Apricous reserves the right not to accept customers on its trips based on medical and health issues. As mentioned above, all Customers are required to complete and return Apricous’s medical form prior to travel.
Should the Customer represent himself or herself as being qualified for the trip when he or she is not qualified, then Apricous, upon such discovery, may refrain the Customer from the trip and the Customer will forfeit all funds paid to Apricous without recourse to substitution or refund and bear any cost associated with leaving the trip. To avoid this situation, Apricous strongly urges the Customer to accurately, fully and truthfully complete all trip related forms and for the Customer to contact Apricous immediately if there is any question as to qualification. Apricous is more than willing to accommodate persons with disabilities when it is able to do so, so long as it is informed in a timely fashion and agrees to such accommodation in advance so it may adequately make preparation. Apricous’s ultimate aim is to ensure the safety of its Customers and crew members.
Apricous and its designated on ground partners reserve the right to take photographs or videos during the operation of any trip or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on an Apricous Trip, the Customer agrees to allow his/her likeness to be used by Apricous without any compensation. If the Customer prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the trip. Copyright of all photographs, video, and related materials created by the Customer shall belong to the Customer upon creation. The Customer grants to Apricous a nonexclusive, worldwide, irrevocable license to use any Trip Materials provided to Apricous in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Apricous programs, or promotion of the mission of Apricous.
The Customer with special dietary needs is required to inform Apricous of additional dietary requirements. Every effort will be made to cater to such requests within reason and subject to availability of products in the respective region.
On the very rare occasion Apricous deems it necessary to cancel a trip if it is not able to arrive at any suitable substitution options, it reserves the right to do so and offer the affected Customer the following options provided the customer has made the full trip payment:
A replacement trip to be offered at a later date of equal value. And Apricous will refund the expenses incurred by the customer towards the flight cancellation charges depending on the rules governing the ticket and subject to proof of cancellation charges. Also Apricous will refund the VISA charges subject to the proof of cost. Expenses beyond the original booked services and/or any items not expressly covered in the original services, such as use of additional hotel services, are the sole responsibility of the Customer and not of Apricous.
A refund of the full net amount Apricous was paid for the trip by the Customer, including the refund of the cost of changing or refunding the affected Customer’s international air tickets, depending on the rules governing the ticket and subject to proof of cost of change.
In all the above mentioned cases in which Apricous pays a refund, either in total or pro rata, its responsibility will be limited to the net amount paid by the Customer for the trip.
Apricous shall not be liable for debacle or inability to perform its trips by reasons of strikes or industrial action, war, riot, acts of terrorism, civil commission, inability to obtain supplies and other circumstances beyond its control, including answering any distress call. Apricous may, due to circumstances of force majeure, or unexpected events, vary the time of day of the departures of its trips, or alter its trip programs and itineraries without advance notice for the above mentioned reasons. These reasons include, but are not limited to: changing weather and the forces of nature, wildlife nesting habits, the safety of its Customer’s and crew, the discretion, rules, regulations and legislation of the local region or the local government and technical reasons. Under the aforementioned conditions Apricous is under no obligation whatsoever to provide substitution, replacement of services or refunds to the Customer so affected.
In addition to obeying law of the land and the rules of the local region, The Customer has a responsibility to Apricous, its crew members and other passengers as well as the local Guides, for understanding the conditions explicitly and implicitly communicated in the trip itinerary, this document and pre-trip documents, as well as information communicated by Apricous crew members throughout their trip, following normal patterns of social behaviour and observing all safety requirements without exception, while acting in an appropriate and respectful manner toward crew members. Apricous reserves the right to disembark the Customer at any time, without recourse to refund or reimbursement, who acts in a hostile and/or disruptive manner, who fragrantly displays disregard for the welfare of other passengers, crewmembers and wildlife or for failing to adhere to the above stated responsibilities.
Apricous, in conjunction with international law and local laws, prohibit the Customer from carrying, either upon their person or in their baggage, any object or material of any nature that may be considered dangerous to the security of other passengers, the crew, travellers or the general public, including but not limited to, explosives, weapons of any kind including those used for sport, and inflammable objects while participating on any of Apricous’s trips.
As well as being against the local laws, the transport or use of any illegal substance, including illicit drugs, is expressly forbidden while on a trip. Penalties are severe for the discovery of illegal substances. Therefore, if such substances are used by, or found to be in the possession of the Customer, he or she will be dropped at the nearest town without refund and be subject to arrest and prosecution under the law. The possession of even minor amounts of any illegal substances can lead to charges of trafficking, resulting in the offender serving over 6 months jail time prior to coming to trial where there is no true presumption of innocence and the burden of proof rests with the Customer.
RELEASE OF LIABILITY & ASSUMPTION OF RISK: The Customer participating in and/or purchasing an trip from Apricous, does so with the full knowledge that the trip with Apricous, and/or the areas visited by their trip, inherently involves risks and dangers including, but not limited to, the forces of nature, the unpredictable behaviour of wild animals, strikes and/or civil unrest, roads, trails, travel by vehicles including taxis, buses, exposure to high altitude, the consumption of alcoholic beverages, physical exertion for which the Customer may not be prepared, and or negligence (but not wilful or fraudulent conduct) on the part of Apricous, or others. During the trip the Customer may be exposed to additional risks and hazards including but not limited to the possibility of accident, injury or illness in a remote area without access to emergency care, rapid evacuation, adequate medical facilities or availability of medical supplies. The Customer acknowledges that the enjoyment and excitement derived from a trip comes with inherent risks, and other activities which are all enjoyed with the Customer’s voluntary participation. Fully understanding these risks and that the cost of Apricous’s trips are based upon the Customer fully accepting the conditions stated and implied herein, as lawful consideration for being permitted by Apricous, to participate in an Trip and take part in corresponding activities and use of facilities and equipment. The Customer agrees to be responsible for their own welfare, and accept any and all risks of delay, unanticipated events, death, illness, injury or emotional trauma and acknowledge that they are voluntarily participating on the trip in full knowledge of these risks and therefore discharge Apricous and its owners, agents, contractors, affiliates and employees from and against any and all liability arising from their participation in the trip. The Customer further agrees that this release shall be legally binding upon themselves and all minors under the age of 21 traveling with them, their heirs, successors, assigns, and legal representatives; it being their intention to fully assume all the risk of travel and to release Apricous from any and all liabilities to the maximum extent permitted by law. In the unlikely event a legal dispute should arise involving any part of these statements whatsoever, the following conditions will apply:
The dispute will be submitted to a neutral third-party mediator in Mumbai, India, with both parties splitting equally the costs of such a mediator. If the dispute cannot be resolved through mediation then the dispute shall be submitted for binding arbitration through an Indian Arbitration procedure, venue of Arbitration shall be in Mumbai, India.
Resolution of the dispute will be governed by the laws of the state of India, and the maximum recoverable amount to which the Customer will be entitled under any and all circumstances will be the net cost of their trip paid to Apricous.
Apricous gives notice that many of the services it provides in connection with its land services, including transportation, hotels and other forms of accommodations, restaurants and other services are often purchased from various independent suppliers not affiliated with Apricous. While Apricous seeks to work with the best suppliers available, Apricous has only a limited ability to control the operations of these providers. Therefore, the Customer purchasing land based programs through Apricous does so upon the condition that Apricous shall not be liable for any delay, cancellation, mishap, inconvenience, expense, irregularity, bodily injury or death to the Customer or damage to property, occasioned through the conduct of default of any company or individual engaged in providing these services. Each of these suppliers is subject to the local laws and their liability may be limited by their tariffs, conditions of carriage, tickets, vouchers, international conventions and agreements.