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Terms and Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THIS WEBSITE, INCLUDING YOU.

BY PLACING AN ORDER SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT BOOK SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, SERVICES BY APPLICABLE LAW.

1. These terms and conditions for Services (these “Terms”) apply to the purchase or booking of Services by you (“You/you”/ “Your/your”/“Customer/“User”) through Mahindra Adventure | Off Roading Adventure Sports, Road Trips (the “Website”). These Terms are subject to change by MAHINDRA & MAHINDRA LIMITED (referred to as “M&M”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on Website, and you should review these Terms prior to purchasing or booking any Services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use at https://www.mahindraadventure.com/terms-of-use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before booking our Services through this Website (see Section 7 below).

Through the Website, M&M shall provide you with bookings for travel experiences, adventure expeditions, off-roading events, off-road driver training programs, and any other service that M&M may include and provide through the Website to its user (“Services”) as per the terms and conditions as laid down in these Terms.

2. Booking Services and its Cancellation. You agree that your booking is an offer to buy and avail the Services, under these Terms. All bookings must be accepted by us, or we will not be obligated to sell the Services to you. We may choose not to accept any bookings at our sole discretion. After having received your booking and payment for such Service, we will send you a confirmation e-mail with the details of the Services availed by you. Acceptance of your booking and the formation of the contract of sale between M&M and you will not take place unless and until you have received your confirmation e-mail. You have the option to cancel your booking subject to our cancellation terms stated in Section 5 below.

3. Prices and Payment Terms.

  1. All prices posted on this Website are subject to change without notice. The price charged for a Service will be the price in effect at the time the booking is made and will be set out in your confirmation e-mail. Price increases will only apply to bookings made after such changes have been reflected on the Website. Posted prices do not include taxes or other charges, if any. All such taxes and charges will be added to your total payable amount before checkout and will be itemized in your shopping cart before payment and in the invoice sent to you. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any bookings arising from such errors.
  2. (b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us at the time of your booking on the Website. All payments will be processed using a third-party payment gateway service provider and you will be redirected to such third party’s website. You may be required to comply with additional terms and conditions and privacy policy of such third-party payment gateway service provider and M&M shall not be liable for any claim that you may have in relation to your activity on such third-party payment gateway service provider. You represent and warrant that (i) the financial information you supply to us or the third-party payment gateway service provider is true, correct and complete, (ii) you are duly authorized to use such payment methods (including internet banking, debit or credit card, UPI or other methods) for the booking of the Services, (iii) charges incurred by you will be honoured by your bank or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Delivery.

  1. Certain Services shall be provided directly by M&M while a few Services as listed on the Website shall be provided to you through third-party service providers or vendors at the location specified by us.
  2. You must not make any payment to any third-party service providers or vendors, except as directed by us; any such payment is made at your own risk and convenience and shall not be a part of the bookings made by you on the Website.
  3. The Services will be delivered to you subject to force majeure events i.e. events beyond our reasonable control.
  4. You hereby acknowledge the inherent risk involved in the Services offered by us by choosing to make a booking with us. While we take reasonable care in choosing the third-party service providers or vendors that are the residual operators for the Services, you acknowledge and agree that M&M shall not be held responsible for any act or omission with respect to the safety, quality or delay in respect of such Services, except for gross negligence or wilful misconduct on M&M’s behalf.

5. Cancellations and Refunds.
I. Cancellations by You: Any cancellation request must be made by you in writing to [email protected] , with complete details of booking date and identification number using the same booking credentials (email, phone number etc). After placement of any booking on the Website, following cancellation charges will be applicable and payable by you:

Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling (% of total cost)
4 week or more 0%
4 to 2 weeks 50%
2 weeks to date of departure or later 100%

NOTE THAT CANCELLATION CHARGES APPLY BECAUSE OF THE RISK OF LOSS OR COST SUFFERED BY US. WE THEREFORE STRONGLY RECOMMEND THAT YOU ONLY PLACE YOUR BOOKING FOR THE SERVICES IF YOU AGREE WITH THE AFORESAID CANCELLATION CHARGES. Refunds are processed within approximately 7-10 business days of our receipt of your cancellation request in writing. Your refund will be credited back to the same payment method used to make the original purchase on the Website unless otherwise agreed by us in writing.

II. Cancellations by Us: M&M has the right, for any reason, at any time and without any prior notice, cancel, advance, postpone or deviate from any scheduled date of the Service booked by you. In such case, your sole and exclusive remedy shall be a refund or future booking credit for the amount paid by you during such cancelled booking.

Cancellation due to:
(i)M&M reserves your right of admission to the Services and may cancel it in the event you breach any of the provisions of these Terms;
(ii)May cancel the Service for you in the event that, during and after the start of the Services you misbehave or do not obey the instructions provided to you by M&M’s authorized representatives or the third-party service providers.

You acknowledge that in the above-mentioned scenarios, the cancellation of Services shall be done due to your behaviour or breach and shall be without any cost or liability to M&M. There shall be no refund in such cases.

6. Kids and Pets. You acknowledge that some of the Services might not be suitable for kids of certain ages and pets. In the event, you bring any kid or pet while availing for the Services, it will be at your own risk and cost and M&M shall not be liable to any damage, cost, injury or death caused.

7. Senior Citizen. In the event that you are above the age of 60, M&M may require you to furnish some additional medical information to ensure that you fitness levels are up to the mark to avail the booked Services.

8. Insurance. It is essential that you have adequate and appropriate cover for the Services availed by you. It is important to have adequate insurance which will cover cancellation costs from the date of booking as well as medical expenses (including evacuation and repatriation). Please read your policy details carefully and take them with you while availing the Services. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs

9. Health. Except as disclosed in your medical questionnaire, you are taken to confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the Services, and unaware of any reason why you may be unsuited to taking part or may be likely to suffer illness or injury during the Services, taking into account its challenges and purposes. If you are unable to give for this confirmation for any reason or have any medical condition or disability which may affect you from enjoying or availing the Services, you must not participate or book the Services.

If any information given in the application form or medical questionnaire is shown to be materially incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the Services, depending on when we become aware of the true position. In this situation, there shall be no refund made to you and we will not be responsible for any costs or expenses incurred as a result.

10. Decisions of M&M, behaviour and damage. While the Services are in progress, all decisions are made by M&M’s staff or third-party service provider and you must act in accordance with all reasonable instructions you are given. The team leader, Service guide or other member of our staff or third-party service provider may withdraw you from the trip at any time if they are of the reasonable opinion that: (a) you don’t possess the necessary skills and experience to drive or participate in the Services; (b)you don’t have a valid or/and an authentic license (c) your continued presence is prejudicing or is likely to prejudice the good order, discipline, safety or successful operation of the Services or the safety or wellbeing of any individual participant(s) or other third party or; (d) if you break any applicable law or regulation where the Services are being performed.

We expect you to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to our staff or to any third party or damage to property, we are entitled, without prior notice, to terminate the Services.

We or staff or the third-party service provider are entitled to withdraw you from a trip in the above circumstances where the information provided on your application form or medical questionnaire proves to be materially inaccurate or incomplete. Where you are withdrawn, you will be required to leave the Services or the area where such booked Services are being performed, immediately and we will have no further responsibility towards you. No refunds will be made and we will not pay any expenses or costs incurred as a result of the withdrawal. You will in addition have to indemnify us against any loss or expense that may be incurred as a result of your actions.

You accept responsibility for any damage or loss caused by you. Any damage caused to your own vehicle while availing or enjoying the Services shall be at your risk and cost. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions.

11. Use of Photos, Videos or Recordings. You hereby grant to M&M and other third-parties working on behalf of M&M the unrestricted, perpetual, royalty free, unconditional right, license and permission to (i) visually and audio visually record, capture, photograph you, your voice, your conversations, your activities while availing the booked Services from us; (b) use it for promotional and marketing purposes; and (c) post it on any social media website

You acknowledge that any such photograph or video captured by us or any third-party service provider, shall be exclusively owned by us and the intellectual property of such material shall perpetually lie with us. We do not require any express/implied consent form you to use these materials, by accepting these Terms we have your consent to use in the manner as stated herein.

12. LIMITED WARRANTY. WE WARRANT THAT M&M WILL CARRY OUT REASONABLE VERIFICATIONS OF THE THIRD-PARTY SERVICE PROVIDERS OR VENDORS THAT RENDER THE ON-GROUND SERVICES TO YOU LIMITED TO THE EXTENT OF THEIR LICENSES AND REASONABLE SAFETY MEASURES AND THAT THE SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO RE-PERFORMANCE OR REFUND AS DEEMED REASONABLE BY US. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAWS, OUR TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU AT THE TIME OF YOUR BOOKING OR INR 1000 (RUPEES ONE THOUSAND ONLY), WHICHEVER IS LOWER.

To obtain warranty service, you must e-mail our Customer Service at [email protected] within twelve (12) hours of any service deficiency identified or received by you.

13. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy at mahindraadventure.com/privacy-policy governs the processing of all personal data collected from you in connection with your booking of Services through the Website.

14. Force Majeure We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms and any transactions with you are governed by and construed in accordance with the laws of India. Subject to arbitration, the courts in Mumbai shall have exclusive jurisdiction on all disputes arising out of or in connection with these Terms or your booking with us.

16. Dispute Resolution and Binding Arbitration. Any dispute, controversy, claims or disagreement of any kind whatsoever arising out of or in connection with these Terms (or the breach, termination or invalidity thereof) or any transaction with you (hereinafter referred to as a “Dispute”) shall be exclusively referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Mumbai and the arbitral tribunal shall consist of a sole arbitrator appointed by the Mumbai Centre for International Arbitration. You waive/s any and all objections to the exercise of jurisdiction over you by such an arbitrator. The arbitrator’s decision shall be reasoned, in English, final and binding on you and us.

17. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of M&M.

19. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20. Notices.

  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
  2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected] or (ii) by personal delivery, overnight courier or registered or certified mail to 3rd Floor, Mahindra Towers – Automotive Division, Green Gate, off. Western Express Highway, Kandavali East – 400101
  3. (c) We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective after they are received by us.

21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.