POLICIES, TERMS AND CONDITIONS and TERMS OF SERVICE
Effective from October 2017
The following terms and conditions are an agreement between you and Escape To...by Fairkonnect and shall be binding on you. When you book a Escape To...by Fairkonnect trip, you are agreeing to what is written below through confirming, signing or providing details concerning method of payment or taking part in receipt of services which manifest the full and express consent of the client to all conditions specified in the acceptance email. The client shall make no claim as to failure to read and/or disagreement with the terms and conditions contained in the agreement prior to making the order. We have attempted to make the trip terms and conditions as clear as possible so it is vital that you read the whole document and understand what each part means. For this reason, you should not agree to the declaration on the Registration Form unless you have read this document carefully and understand its contents fully*. If you have any feedback, comments or questions about our terms and conditions, please get in touch with us and we shall be happy to help.
1. Fees & expenses
The program fee covers the following:
- Details of your trip(s)
- Airport Transfers.
- An orientation on arrival in country
- Access to an In-Country support team in India
- Information on the city and activities upon arrival
- Meals as detailed out on itinerary
- Transportation as detailed on itinerary
Escape To...by Fairkonnect has the right to change the prices of its’ projects depending on currency fluctuations and other general inflationary costs.
2. Registration Fee
Travelers agree to pay Escape To...by Fairkonnect a pre-determined registration fee deposit which is strictly non-refundable. Upon receipt of your registration form, we will start to process your application. Full details of the trip will be provided in your Welcome E-Mail. We work with various organizations who make changes in their own projects and schedules. Hence the accuracy of our times and information as well as itinerary submitted would be subject to change from time to time at your own risk. Nevertheless it will be our endeavor to update all the information available with us to keep you well informed on any trip changes.
3. Making Changes to your trip:
Normally change in the project is not encouraged. Under certain circumstances in case you desire to change your trip (adding or deleting days), a separate fee is charged depending upon the date before which the trip is to commence. The separate fee is charged due to the fact that we make bookings for the trip. The fees are therefore to offset expenses connected to any changes.
The fees being charged for making changes in the trip are as follows (registration fee is always non-refundable in these cases):
- 120 Days and Over Prior to Start Date: Free
- 119-90 Days Prior to Start Date: $150
- 90 Days Prior to Start Date: Cancellation Policy Applies
The final deadline for receipt payment of fees will be 90 days before the trip. Escape To...by Fairkonnect reserves all the rights to cancel your placement at its sole discretion. We are entitled to refuse your application or cancel your booking at any time for any of the following reasons:
(1) the registration form is incomplete and the balance payments have not been made as required within the dates given in the welcome email
(2) the correct information, as requested by us, is not provided
(3) failure to demonstrate adequate interest for the trip
(4) in case you have a criminal record which is irreconcilable with the trip or
(5) any other circumstances we deem relevant
You must provide documents certifying proof of age, such as passport, visa and/or birth certificate upon arrival.
4. Cancelling Your Trip:
We understand that you may need to cancel your spot on the Trip due to unusual circumstances at your end. If you need to cancel your trip, your travel insurance company might be able to cover your expenses. We are not able to return all your money due to the costs associated with booking your trip. We have administration costs, hotel bookings, banking and promotional materials that come into effect when you register with us. Our country directors keep space set aside for you in the housing and the trip, all of which costs us money and time. If you cancel 30 days prior to your trip, we are not able to give you a refund due to the below points. The cancellation policy and the refund that would be given would be as follows:
1. 120-90 Days Prior to Start Date: 75% returned (application fee non-refundable)
2. 90-31 Days Prior to Start Date: 50% returned (application fee non-refundable)
3. 30 Days and Under Prior to Start Date: Non-refundable
4. After arriving and starting your trip in India: Non-refundable
5. Support in India on arrival
If we have discussed so beforehand, Escape To...by Fairkonnect will arrange for a taxi to pick you up at the airport upon arrival and drive you to your accommodation. You will receive full contact details in your Pre-Departure Guide. Our representatives are responsible for your welcome orientation and assisting you with any on-arrival needs. Your trip coordinator will be available 24/7 throughout the itinerary and a backup team is accessible via phone and office in Bangalore.
7. Immigration papers including Visas
You must ensure that you have a full passport, valid until at least 6 months after your planned return date. Escape To...by Fairkonnect does not take any responsibility if your trip has to be cancelled or significantly curtailed due to the Indian immigration authorities not accepting your visa or changing visa regulations whilst you are in India. If you undertake any other work in addition to or instead of your trip for which you receive payments and are asked to leave the country as a result, you will not be entitled to any refund or alternative travel accommodations from Escape To...by Fairkonnect.
8. Travel Advice
It is your responsibility to check all relevant travel advice from your country of residence before you travel. Escape To...by Fairkonnect may issue travel advice during your trip in case the security situation requires it.
You are responsible to clarify any health, safety and travel advice or information that you receive from Escape To...by Fairkonnect to make an informed decision. Escape To...by Fairkonnect does not take any responsibility if your travel gets cancelled due to any force majeure conditions due to which your trip has to be cancelled or significantly curtailed.
9. Safety & Health
Escape To...by Fairkonnect is an organization that focuses on providing meaningful travel experiences. As such, we are not experts on Safety and Health for all of India. It is crucial for every participant to read and study safety and health advice from resources such as the Center for Disease Control, the World Health Organization, and various governmental reports and alerts for travel to India (this is not an exhaustive list—you should research further resources). Escape To...by Fairkonnect does not take any responsibility for any consequences on your failure to comply with these precautions. Escape To...by Fairkonnect reserves the right to reject your registration or cancel your booking on medical grounds.
You are obligated to inform the Company, prior to registering for a program, about any physical and/or health and/or mental condition and/or any other condition that might limit or impede your participation in the trip. The traveler is aware that the Company's consent to register him/her to a trip relies upon the absence of such notice, meaning that the traveler is unlimited in any manner to take part in the program. Any malfunction and/or expenditure caused as a result of the traveler's medical and/or mental condition shall be incurred by the traveler only.
The traveler is obligated to notify the Company as to physical and/or mental limitations and/or any other limitation that may impede the execution of the deal. The traveler is obligated to fully disclose information concerning this matter as specified in the Insurance Contract Law. A pregnant woman is obligated to furnish a medical confirmation in English concerning her condition and approving that she is capable of flying, and in any event her inclusion in the flight is at the discretion of the airline company. The traveler is responsible for arranging the appropriate vaccinations and medications and bringing his own medications to the program according to his habits and needs. The traveler is responsible to receive the required vaccinations according to the instructions set forth by the Ministry of Health.
Apart from the airport pickup transfers and full itinerary program, which is to the account of Escape To...by Fairkonnect, you are responsible for transportation costs that you choose to do in your own free time. Escape To...by Fairkonnect shall not be responsible for any travel costs including costs incurred on cancellation, changing or transferring flights or any other arrangements.
It is mandatory that each traveler sign up for travel insurance once they register with us. In case of emergency or unforeseeable circumstances, travel insurance might be able to cover you for your expenses. The insurance that you should take must cover risks for baggage, medical expenses and the cost of repatriation including air borne rescue and ambulance cancelled flights, kidnapping, liability arising due to personal injury to you or a third party; cancellation of your placement for any other reason including our liquidation or any other reason beyond our control. You shall be responsible to ensure that it is adequate as per your special needs and known ailments. Escape To...by Fairkonnect reserves the sole right to cancel your placement in case you travel without adequate insurance.
13. In case you have a Complaint
In case you have any complaints on our services, you can make your complaints by contacting us at www.escapeto.in/contact.
14. Responsibilities Of Participants
All participants are expected to behave respectfully in accordance with what is deemed appropriate by the accommodation, the trip leader and the local country's culture. Travelers are expected to follow the below mentioned conditions:
1) To be aged at least eighteen years of age at the date the trip begins (unless accompanied by an adult).
2) To respect the local culture, customs, and rules as well as all Escape To...by Fairkonnect staff, accommodation staff, and other participants on the trip. It is up to Escape To...by Fairkonnect to judge if a participant is being disrespectful.
3) To finance and manage your own travel to and from india, which includes return airfare and payment of the program fee. It is your responsibility to carry all necessary documents while you travel overseas.
4) Travelers are requested to take medical advice and take necessary safety precautions, inoculations and immunizations with respect to the country you are traveling to.
5) To bring with you any necessary medications or medical equipment.
6) To avoid drinking tap water and eating foods purchased from roadside vendors or in inexpensive restaurants outside of the itinerary. Water sources are polluted in most developing countries so drinking tap or unboiled water and eating foods from roadside vendors or similar sources might result in illness and parasites. Escape To...by Fairkonnect will not be responsible for any damages to your health after failure to comply.
7) It is the traveler's responsibility to take travel advice and learn about travel warnings from your government agencies. Escape To...by Fairkonnect will not be responsible for any liability resulting from your failure to research and practice appropriate travel advice.
8) You take all responsibility to carry out duties for completing the trip and attending the activities as planned and agreed with Escape To...by Fairkonnect and your placement contact.
9) The traveler must abide by the trip's code of conduct/rules and fulfill the duties assigned to the best of his/her abilities, behaving responsibly at all times and co-operating with other staff/volunteers/bloggers during the trip. The traveler must inform their trip coordinator of any absence from activities.
10) The traveler understands that their participation in the trip can be withdrawn due to misuse of alcohol and drug consumption as well as other illegal substances.
11) The traveler understands that their participation in the trip can be withdrawn without refund, due to creating uncomfortable situations for staff, other participants and accommodation and activity hosts, which would be determined by their on-site coordinator during the trip.
12) The traveler, when applicable, is required to provide Escape To...by Fairkonnect with a current CRB/police background check at least 6 weeks before departure if volunteering on projects with children and women. Escape To...by Fairkonnect will let the participant know if they need to do this.
16. Ending the Agreement
We will end our agreement with you:
1) If we discover that you have deliberately lied or not disclosed important requested information about yourself during the application process, which may call into question your suitability for the trip
2) If you are found to be involved in the misuse of substances which are illegal or deemed inappropriate in the country of your trip and/or your home country, or you are charged or convicted of a criminal offence while you are on your trip
3) If you break any part of the travel code of conduct
You may end your booking with us, in writing:
1) For personal reasons, i.e. personal or family illness. In these circumstances, you may be able to claim for part of your program fee at the discretion of Escape To...by Fairkonnect prior to arrival in India (see cancellation policy).
If you terminate your booking with us for personal reasons once you have started your trip but prior to its completion, you are responsible for the consequences of that decision. We will not be responsible for you once you have left the trip; will not be responsible for any costs, expenses, loss or other sum(s) of any description you incur or suffer as a result; and will not give you any refund of any payments you have made.
Please note that in the event of you leaving your trip early we may contact your stated emergency contacts to inform them that you are no longer participating.
17. Applicable Law And Jurisdiction
These conditions will be governed by the laws of India. We both agree that the Courts at Bangalore, of India will deal with any claim you wish to bring against Escape To...by Fairkonnect or it’s representatives directly.
18. Our Responsibility for your Trip
We will use all reasonable skill and care in arranging your trip in accordance with our Agreement (including these terms and conditions). The organisations that provide workshops are totally independent of Escape To...by Fairkonnect and, while we have coordinated the activities, we have no direct control over their organisation(s). Unless we have failed to use reasonable skill and care as above, we will not be liable for any loss, damage, expense or other claim of any description which you suffer in connection with your trip. We will not be liable for the effect(s) of any unusual event including death or loss of enjoyment. You agree that by participating in this trip you are partaking in international travel and do so with an assumption of risk. Due to last minute announcements, there may be holidays, festivals and closures that can affect the trip schedule. We will ensure that a suitable alternative is offered. We will not be liable to you if the performance of our obligations or those of any supplier is prevented or affected by you or if you otherwise suffer any damage or loss as a result of “force majeure”, which means any event which we or the supplier of the relevant service(s) could not, even with all due care, foresee or avoid. Such events include war or threat of war, riot, civil strike, actual, threatened or suspected terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire or any similar events outside our control. We, and our representatives, will not be responsible for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any 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 unforeseeable or unavoidable or “force majeure” as defined above. We do not accept responsibility for any services which do not form part of our contract with you, such as additional service or facility which any supplier agrees to provide for you if the service or facilities are not advertised in our publicity materials. Interruptions that occur in a destination where utilities are not sufficiently developed, as well as any other element concerning force majeure, may have an adverse affect on the program and the traveler ought to take this into account. The Company is not liable for damages caused to the traveler as a result of falling, accidents, diseases, hospitalization, medical expenditures, damage to luggage, failure to perform certain actions or faulty execution thereof, inconvenience or any direct or indirect damage that may be caused to the traveler during the trip. It is hereby clarified and emphasized that no refunds shall be given for discontinuation of trip owing to disease, injury or any other reason. The traveler shall not make any claim, pecuniary or other, that may derive from the services or in relation thereto, against the Company, its employees, agents, representatives or anyone acting on its behalf. The conditions set forth herein are binding and no one, including anyone acting on behalf of the Company, is authorized to act in a manner different than the one stipulated herein. In some of the areas there are dangerous areas. A traveler that disobeys the instructions prescribed by the site management does so at his sole responsibility.
Sexual Harassment and Safety in India
Although we do not claim to be experts on health and safety in India, through our assessments, we find that there is an increased likelihood of “groping” of females, especially in busy areas like crowded bus and train stations. This is not an assessment for our travelers specifically but rather for the country as a whole as both local female women and travelers have indicated via media and personal anecdote. In some countries, groping remains common only in night clubs and discotheques. In India, we find that it is more widespread where people may grope for a flashing second or slightly longer. Some participants may not be as sensitive to it and others may be very sensitive. We encourage participants to google “Groping in India” and use their best judgment to make the decision to travel to India. Escape To...by Fairkonnect encourages participants to stick with the group and the trip coordinator at all times as well as covering up the chest area when walking through busy areas such as bus and train stations, festivals with large crowds, and more to avoid these types of situations as best possible.
20. Use of photos and comments
By signing these terms and conditions you agree that we may use any photo(s)/image(s) or any comments (written or verbal) you make during or in connection with your placement for our promotional/marketing purposes (such as including them in our brochure / website) without obtaining your further specific permission or making any payment to you.
21. Personal Data
By completing the Registration Form, you are giving your explicit consent to transfer of your personal data and holding/storing of your Personal Data and Sensitive Personal Data. We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or newsletter). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes (unless you have asked us not to). If you believe that any of your personal details which we are processing are inaccurate or incorrect, please contact us immediately. As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information. We will never share your personal data with a third party.
Except as expressly stated in this agreement, Escape To...by Fairkonnect makes no warranties, express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability, quiet enjoyment, quality of information, or title/non-infringement and all such warranties are hereby specifically disclaimed.
Terms of Service (TOS):
In order to use the Services in this website, you must first agree to the Terms of service. You may not use the Services if you do not accept the Terms. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement.
1. Responsibility of Website Visitors
Excape To...by Fairkonnect has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Escape To...by Fairkonnect does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Escape To...by Fairkonnect disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
2. User Information and privacy
While using the services on the Escape To...by Fairkonnect website, you agree that:
1) you will provide true, accurate, current and complete information about yourself as prompted by the on-line Service's application form .
2) Maintain and promptly update the application data to keep it true, accurate, current and complete.
3) Provide and maintain a true and valid e-mail ID for receipt of information and other notifications regarding on-line Services in the website.
3. Content in the Services
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Escape To...by Fairkonnect. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
4. Links With Other Sites
Escape To...by Fairkonnect is not responsible for the content of any other web site linked to or from the website. If you decide to click on a link to another site, you do so entirely at your own risk. Escape To...by Fairkonnect may provide links from the website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site.
ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
6. Control of contents posted in the Website
Escape To...by Fairkonnect and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the on-line Services. You agree that: Escape To...by Fairkonnect and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable, without limiting the foregoing. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
1) You are solely responsible for all Content that you upload, post, email or otherwise transmit via the on-line Services. Escape To...by Fairkonnect does not control the Content posted via the on-line Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
2) You acknowledge that by using the on-line Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Escape To...by Fairkonnect be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the on-line Services.
3) Escape To...by Fairkonnect advises you to keep back ups of all material provided by you to us. You are responsible to keep backup copies of images uploaded by you or emailed to us. Escape To...by Fairkonnect is not responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
7. Restrictions on using the Website
You agree to not use the on-line Services to:
1) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way;
3) impersonate any person or entity, including, but not limited to, an Escape To...by Fairkonnect employee, overseas host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the online Services;
5) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," “multi level marketing schemes” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (if any);
8) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the online Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10) interfere with or disrupt the online Services or servers or networks connected to the online Services, or disobey any requirements, procedures, policies or regulations of networks connected to the online Services;
11) intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
12) collect or store personal data about other users.
Escape To...by Fairkonnect may refuse to provide any further services to anyone who breaches these terms.
8. Limitation of Liability
In no event will Escape To...by Fairkonnect, or its representatives, be liable with respect to any subject matter of this agreement direct or indirect under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Escape To...by Fairkonnect shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. Disclosure of Content
· You agree that Escape To...by Fairkonnect has the right to preserve or disclose Content in the Website:
- to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
- for the purpose of properly administering your account in accordance with the standard operating procedures of Escape To...by Fairkonnect or its affiliated companies, and/or
o if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce the TOS;
3. respond to claims that any Content violates the rights of third-parties; or
4. protect the rights, property, or personal safety of Escape To...by Fairkonnect its users and the public.
· You acknowledge that the technical processing and transmission of the on-line Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Escape To...by Fairkonnect reserves the right to terminate your access to some or all parts of its on-line Services if you withdraw your consent in this paragraph at any time.
· Escape To...by Fairkonnect may at its’ discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site including the uploading or emailing of any images in breach of the above restrictions. Escape To...by Fairkonnect may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by Escape To...by Fairkonnect subject to the relevant Data Protection Acts.
The Content Provided On The EscapeTo.In Website Is Provided "As Is" And Any Warranty, Condition Or Other Term Of Any Kind Including Without Limitation Any Warranty Or Condition Of Merchantability, Satisfactory Quality, Security, Fitness For A Particular Purpose, Title Or Non-Infringement Of Intellectual Property Is Hereby Excluded. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Escape To...by Fairkonnect does not warrant the accuracy and completeness of the Content on this site. Escape To...by Fairkonnect takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Website.