Terms and Conditions

Terms & Conditions

Welcome to Flytrail! You are a highly valued Customer and we look forward to hosting you as our guest. This document is designed to make you fully aware of the terms, conditions and policies governing your participation on our expeditions, so that you may enjoy a safe and fulfilling expedition. It is also a legal document that requires your careful attention. Agreeing to these policies when booking one of our road trips or services creates a contractual relationship between you and Flytrail. 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) & Flytrail. Please read the Agreement carefully.

INTRODUCTION TO OUR SERVICES:

Flytrail offers road trips across the world. We want you to feel the true essence of seeing the world by road, we do expect the following qualities from customers on our expeditions.

Any Customer who will be driving in Flytrail’s road trips is expected to have acceptable driving skills. Off-Roading skills are not a requirement.
Any Customer who will be driving the vehicle must hold a valid driver’s license. Some countries may require you to apply for an international driving permit which will be informed by the Flytrail team at the time of booking.

PAYMENT INFORMATION:

A deposit is required to confirm a reservation that shall be determined at the time of booking. For confirmed reservations, final payment in the form of a bank transfer(RTGS,NEFT), cheque, digital transfer or all major credit cards must be received on the date determined at the time of booking. Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will result in the automatic cancellation of pending reservations.

PUBLISHED RATES, DATES & ITINERARIES:

Flytrail 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, accommodations 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.

CANCELLATION POLICY:

The following cancellation fees will be applied to the Customer according to the number of days prior to departure of the road trip that Flytrail receives a written notice of cancellation from the Customer. Please note since most of our road trips require planning logistics much in advance, we have adhered to the below timelines. All cancellations must be made in writing and should be sent via email to Flytrail.

Booking fee: Non-refundable
90 days prior to departure: 70% refund of paid up amount apart from the booking fee
60 days prior to departure: 50% refund of paid up amount apart from the booking fee
45 days prior to departure: 30% refund of paid up amount apart from the booking fee
30 days prior to departure: no refund

YOUR TRAVEL DOCUMENTS:

It is the responsibility of the Customer to be in possession of all valid travel documents prior to and during their entire expedition Flytrail.

FLIGHT TICKETS, VISA, and INTERNATIONAL DRIVING PERMIT: You are required to make the necessary arrangements towards flight tickets, VISA applications and International Driving Permit (if required) and share the same with Flytrail prior to the start of the expedition.
INSURANCE: Flytrail recommends that you purchase a good travel insurance policy that includes but not limited to emergency medical evacuation, expedition 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.

GENERAL VEHICLE RENTAL TERMS:

The following general terms apply to the use of the vehicle throughout the entire duration of the road trip. Flytrail uses vehicles from the local fleet rental companies who provides well maintained vehicles. Some of the local fleet companies have a separate rental agreement which will be signed by every customer before the start of the expedition. Flytrail strongly recommends that you carefully read these general terms as well as the specific terms applicable to the use of the vehicle.

Condition of the Vehicle: Before leaving for your first drive, you are required to check the condition of the Vehicle. Where an apparent defect is found, you must immediately inform the Flytrail representative in order to proceed with a joint examination of the Vehicle. In such a case, amendments must be made and duly countersigned by both parties. You will return the Vehicle in the same condition as it was provided at the start of the expedition. You are responsible for any repair or refurbishment costs which are not covered as part of the insurance.
Use of the Vehicle: The Vehicle must not be driven by anyone other than you or any other members of your party who are also included in the rental agreement that is available in the papers of your vehicle, and then only under the condition that your ability to drive is not in any way impaired by mental or physical incapacity or restricted by the Law. You must take care of the Vehicle, keep it in good repair and condition, pay any fines for which you may be liable, and reimburse Flytrail for any major damages to the Vehicle. You must refuel the Vehicle with the correct type of fuel as instructed by Flytrail representatives. During the rental period you must carry out the usual checks (engine oil level, tire pressure, etc.) as would any careful user and you must respect the maintenance cycle of the Vehicle as stated in the maintenance guide, if any. When parking the Vehicle, even for a short period, you undertake to lock it and make use of the Vehicle’s alarm and/or immobilization equipment. You must never leave the Vehicle unoccupied with the keys in the ignition. You undertake to use the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended. In particular, you must not use the Vehicle under any of the following conditions or for any of the following purposes. Flytrail has the right to remove you from driving or even terminate your expedition with immediate effect without any refunds. And you will be liable for any vehicle damages or any other expenses associated with the incident.
- Driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances. Flytrail has a zero tolerance policy when it comes to alcoholic consumption and driving.
- Transportation of inflammable or dangerous goods, carrying anything which, because of its smell or condition, harms the Vehicle or causes Flytrail to lose time or money before it can use the Vehicle again.
- Re-rental to or use by other person.
- Carrying passengers for hire or reward.
- Giving driving lessons.
- Pushing or towing another or exceeding the authorized load weight.
- Travelling on non-marked roads or on roads outside planned route.
- In any way which breaks the local Highway Code, road traffic laws or any other laws.
- You will be liable for any offence committed during the road trip period, which relates in any way to your use of the Vehicle, as if you were the owner of the Vehicle. Upon the request of the Police or any official body Flytrail may have to transfer your personal data. Such transfer will be done in accordance with the data protection Laws.
Maintenance / Mechanical Problems: You must stop the Vehicle if any of the instrument panel warning lights, which are intended to indicate the existence of a mechanical problem, light up, or if you become aware of anything else, which may indicate the presence of a mechanical problem with the Vehicle. If this happens, intimate the Flytrail representatives immediately. When the expedition starts, the Vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes un-roadworthy or unfit for normal use during the expedition because of mechanical breakdown or accident, you must inform Flytrail immediately. The fees and expenses of any repair undertaken without the order of Flytrail will not be reimbursed to you. You must inform Flytrail, of all accidents, damage to or breakdown of the car, even those which may already have been repaired, when you return the Vehicle. In any case, neither Flytrail nor its partners, or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.
END OF ROAD TRIP: At the end of the road trip, you should return the Vehicle and of its keys to the representatives from Flytrail. If explicitly mentioned to you by Flytrail, the keys may be returned to the reception desk of a hotel or to another person indicated by us. If the Vehicle is returned without its keys, you will be invoiced for the cost of the replacement keys.
IN THE EVENT OF CONFISCATION, THEFT OR ACCIDENT: In the event of measures by third parties, including attachment, confiscation or impounding of the Vehicle, you must immediately inform Flytrail. Flytrail will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss…) to the Vehicle unless it is demonstrated that Flytrail is directly responsible for such confiscation or impounding of the Vehicle. Any use of the Vehicle which may be detrimental to Flytrail will entitle us to automatically terminate the rental agreement with immediate effect. You will then return the Vehicle immediately as soon as Flytrail so requests. In the event of theft of the Vehicle, the rental agreement may be terminated as soon as Flytrail has been informed of the theft. In the event of an accident, the rental agreement may be terminated as soon as Flytrail has received a copy of the accident report completed by you and, where applicable, the third party. If Flytrail provides a new vehicle, the rental agreement will be amended accordingly. Furthermore, Flytrail will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are found in the Vehicle including, in particular, baggage and/or goods.
INSURANCE: All the vehicles that will be used during Flytrail road trips are insured against Bodily Injury and/or Property Damage that you might inflict on a third party as a result of an accident involving the Vehicle. The amounts for such liability cover are included as part of your expedition. In particular, you must comply with the rule concerning permitted destinations, in order to have the full benefit of the insurance provisions.
In any case, neither Flytrail nor its Partners, Employees will be liable to the contracting party for any amounts nor for any actions, law suits or claims related to any direct, indirect, consequential, punitive damages such as loss of business, loss of profit arising out or in connection with the rental or the use of any vehicles whether the action is based on contract or in tort. You will indemnify and hold Flytrail harmless from all claims, liabilities, damages, losses or expenses arising out of the rental or the use of the vehicle.

MEDICAL & HEALTH ISSUES / PHYSICAL QUALIFICATIONS:

You agree that you are in good health and good physical condition and physically qualified to participate in a road trip of such nature provided by Flytrail. If there is any question as to the physical or health condition of the Customer that may disqualify him/her from participating in the road trip he or she should immediately contact Flytrail so that both parties may clarify the issue and jointly arrive at a determination of participation.
Flytrail road trips may also involve experiencing high altitudes. Customers who are easily susceptible to altitude sickness or have difficulty breathing at higher elevations should inform Flytrail 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 expeditions and must advise Flytrail 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. Flytrail reserves the right not to accept customers on its expeditions based on medical and health issues. As mentioned above, all Customers are required to complete and return Flytrail’s medical form prior to travel.
Should the Customer represent himself or herself as being qualified for the road trip when he or she is not qualified, then Flytrail, upon such discovery, may refrain the Customer from the road trip and the Customer will forfeit all funds paid to Flytrail without recourse to substitution or refund and bear any cost associated with leaving the road trip. To avoid this situation, Flytrail strongly urges the Customer to accurately, fully and truthfully complete all expedition related forms and for the Customer to contact Flytrail immediately if there is any question as to qualification. Flytrail 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. Flytrail’s ultimate aim is to ensure the safety of its Customers and crew members.
If a participant requires medical assistance, the accompanying team will provide aid within their means. Organizers may transport the participant to the nearest medical facility, based on medical considerations and health regulations. The attending doctor has the final say, and if the participant rejects their decision, organizers are not liable for any consequences or expenses incurred. The attending doctor decides on transfer or repatriation, and any extra costs are the participant’s responsibility.

PHOTOGRAPHY:

Flytrail reserve the right to take photographs or videos during the operation of any road trip or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation with Flytrail, the Customer agrees to allow his/her likeness to be used by Flytrail 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 expedition. Copyright of all photographs, video, and related materials created by the Customer shall belong to the Customer upon creation. The Customer grants to Flytrail a nonexclusive, worldwide, irrevocable license to use any Road trip Materials provided to Flytrail in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Flytrail programs, or promotion of the mission of Flytrail.

SPECIAL DIETS:

The Customer with special dietary needs is required to inform Flytrail 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.

CANCELLATION OF AN EXPEDITION BY FLYTRAIL:

On the very rare occasion Flytrail deems it necessary to cancel a road 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 expedition payment:

A replacement road trip to be offered at a later date of equal value. And Flytrail 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 Flytrail 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 Flytrail.
A refund of the full net amount Flytrail was paid for the road 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 Flytrail pays a refund, either in total or pro rata, its responsibility will be limited to the net amount paid by the Customer for the expedition.

INABILITY TO PERFORM:

Flytrail shall not be liable for debacle or inability to perform its road trip 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. Flytrail may, due to circumstances of force majeure, or unexpected events, vary the time of day of the departures of its road trips, or alter its road 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 Flytrail is under no obligation whatsoever to provide substitution, replacement of services or refunds to the Customer so affected.

CUSTOMER OBLIGATIONS:

In addition to obeying law of the land and the rules of the local region, The Customer has a responsibility to Flytrail, its representatives and other passengers as well as the local Guides, for understanding the conditions explicitly and implicitly communicated in the road trip itinerary, this document and pre-road trip documents, as well as information communicated by Flytrail and representatives throughout their road trip, following normal patterns of social behaviour and observing all safety requirements without exception, while acting in an appropriate and respectful manner toward representatives. Flytrail 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.

FORBIDDEN ITEMS: Flytrail, 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 Flytrail’s road trips.
ILLEGAL SUBSTANCES: As well as being against the local laws, the transport or use of any illegal substance, including illicit drugs, is expressly forbidden while on an expedition. 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.

LIABILITY & ASSUMPTION OF RISK:

RELEASE OF LIABILITY & ASSUMPTION OF RISK: The Customer participating in and/or purchasing a road trip from Flytrail, does so with the full knowledge that the road trip with Flytrail, and/or the areas visited during their road 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 Flytrail, or others. During the road 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 an road 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 Flytrail’s road trips are based upon the Customer fully accepting the conditions stated and implied herein, as lawful consideration for being permitted by Flytrail, to participate in a road 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 road trip in full knowledge of these risks and therefore discharge Flytrail and its owners, agents, contractors, affiliates and employees from and against any and all liability arising from their participation in the road 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 Flytrail 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 Siliguri, 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 Siliguri, 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 road trip paid to Flytrail.

SPECIAL LIABILITY RELEASE REGARDING LAND SERVICES: Flytrail gives notice that many of the services it provdes in connection with its land services, including transportation, hotels and other forms of accommodations, and other services are often purchased from various independent suppliers not affiliated with Flytrail. While Flytrail seeks to work with the best suppliers available, Flytrail has only a limited ability to control the operations of these providers. Therefore, the Customer purchasing land based programs through Flytrail does so upon the condition that Flytrail 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.