Terms & Conditions of Monkfoot Travels Pvt Ltd
The following Terms and Conditions ("Terms") are a contract between you (Client) and www.monkfoot.com , a site owned and operated by Monkfoot Travels Pvt. Ltd ("Monkfoot"). Monkfoot reserves the right to modify the Terms without any prior notification. You are advised to regularly review the Terms. If you do not agree with any of the Terms and any amendments thereto, you must not use this site/service. This website and the associated service are intended for the use of persons legally qualified to enter into a contract. By using the Site you acknowledge and confirm that you are legally qualified to enter into a contract and have read, understood and agree to be bound by these Terms.
This agreement incorporates the terms and conditions for Monkfoot Travels (India) Pvt. Ltd ("MONKFOOT") to provide services to the person (s) ("the Client ") intending to purchase or inquiring for any products and/ or services of MONKFOOT by using MONKFOOT's websites or using any other customer interface channels of MONKFOOT which includes its sales persons, offices, e-mails, call centers, advertisements, information campaigns etc.
Both Client and MONKFOOT are individually referred as 'party' to the agreement and collective referred to as 'parties'.
Updating of terms and conditions
MONKFOOT reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them.
All persons wishing to make a booking have to carefully read and understand the Terms and Conditions that follow. By making a booking with MONKFOOT, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when MONKFOOT sends a confirmation invoice or email. It is at this point that a contract between MONKFOOT and the Client comes into existence. Before your booking is confirmed and a contract comes into force, MONKFOOT reserves the right to increase or decrease prices. MONKFOOT reserves the right to decline any booking at their discretion.
These Terms and Conditions shall constitute the entire agreement between MONKFOOT and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
Refusal of service
At anytime before or during the booking process, MONKFOOT retains the right to refuse service to any Client, for any reason whatsoever, outside of any discrimination or protected class reasons.
Currency for booking
MONKFOOT sells in INR (Indian Rupee) currency. MONKFOOT reserves the right, however, to apply the currency of their choosing to the booking.
Client Details / Payment / Acceptance of booking
In order for MONKFOOT to confirm and guarantee the Client’s travel arrangements the Client must provide all Client Details with their final payment . In the event where Client details have not been received by MONKFOOT 30 days prior to the Client’s trip departure, MONKFOOT reserves the right to treat the file as cancelled and full cancellation fees will apply. Client Details required will vary tour by tour, and will be advised during the booking process. However, at a minimum Client Details include full name as it appears in the passport you are travelling with, date of birth, place of birth, nationality, passport number, passport expiry date, medical details . A booking may not be confirmed without provision of Client Details.
Independent Tours: At time of booking 50% of Invoiced amount is due. If booking is made 60 days or less prior to departure, full payment is due . Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and availability cannot be guaranteed.
Corporate and Group tours : A minimum of 50% advance is required to start the preparation of the booking. The remaining 50% needs to be cleared 45 days before the booking. In case of payment delays MONKFOOT has right to change the quotation and also the availability cannot be guaranteed as lot of third party services are involved and Monkfoot only purchases them after 100% payment is done by the Client. In case of corporate/agency tours where the corporate /agency is unable to make 100% payment in advance, the requirement form on company letter head, agreement on the payment date and a legal PO will be required from company side. A 2% per monthly interest will be levied by Monkfoot in case of any delays from the payment due date as per agreement or email confirmation. In case of use of any extra services used by the Client during the trip, Monkfoot will not be held responsible and Client has to clear the bills immediately. For corporate group bookings Monkfoot will only make 5% extra arrangements. For example for a group of 100 minimum people committed Monkfoot will accommodate maximum of 105 people on the day of the trip. If more people turn up it will not be Monkfoot responsibility to manage them. Also in case of extra services or more people turn up the extra payments need to be cleared on the day of the trip itself after which it will apply a 2% interest per month on the pending amount from the day of the trip.
Indemnity Form for Adventure travel ( Trekking , Rafting , High Altitude or remote destinations etc)
The Client must notify MONKFOOT in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify MONKFOOT may result in the Client being refused travel. Failure to notify MONKFOOT of any such condition that results in cancellation will have full cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. MONKFOOT may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. MONKFOOT is not required to provide any special facilities unless it has agreed to do so in writing. MONKFOOT will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore MONKFOOT is not liable for not providing these requests. Medical facilities vary from country to country and MONKFOOT makes no representations and gives no warranties in relation to the standard of such treatment.
Travelling with Children
Clients aged 18 at date of travel are viewed as adults. An adult over the age of 18 can accompany maximum of 2 children under the age of 18. The ratio of adults to children traveling together should not be more than one adult per two children and two adults per four children (17 and under). All enquiries with respect to children are subject to review and approval by MONKFOOT that reserves the right to restrict the number of travellers under the age of 18 on tours. If the adult accompanying a child is not the child’s parent or parents are divorced, then a "Parental Consent Guardianship Form" must be signed (or other documents provided as requested by MONKFOOT) by the parent or legal guardian and received by MONKFOOT prior to departure.
Travelling with Children on Adventure ( Trekking , Rafting) Trips:
MONKFOOT is unable to accommodate children under-10 years of age and reserves the right to restrict the number of those under 18 years of age to start the trip. An adult over the age of 18 must accompany every two children under the age of 17. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). If the adult accompanying a child is not the child’s parent, a "Parental Consent Guardianship Form" (or other documents provided as requested by MONKFOOT) must be signed by the parent or legal guardian and received by MONKFOOT prior to departure.
Cancellation of tour
Cancellation by Client : Cancellation by a Client must be made in writing and be acknowledged by MONKFOOT in writing. The date on which the request to cancel is received by MONKFOOT will determine the cancellation fees applicable.
Cancellation by Monkfoot Prior to 60 days MONKFOOT reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for Force Majeure, unusual or unforeseen circumstances outside MONKFOOT’s control .
If a tour is cancelled by MONKFOOT before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
Take a substitute tour of equivalent or superior quality if MONKFOOT is able and willing to offer such a substitute
Take a substitute tour of lower quality if MONKFOOT is able and willing to offer one and to recover from MONKFOOT the difference in price between the price of the tour originally purchased and that of the substitute tour
Have a full refund of all monies paid under the contract within 30 days of cancellation.
MONKFOOT is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, MONKFOOT will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, MONKFOOT will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond MONKFOOT’s control, MONKFOOT will in some circumstances offer compensation. Significant alterations do not include the substitution of a transport, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category.
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
MONKFOOT reserves the right to alter prices at any time prior to tour been paid in full. The land price of the trip is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 12. All dates, itineraries and prices are indicative only.
The Client understands and acknowledges the nature of leisure travel requires considerable flexibility and should allow for reasonable alterations by MONKFOOT. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
Changes made by MONKFOOT: While MONKFOOT will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by MONKFOOT. If MONKFOOT makes a major change MONKFOOT will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where MONKFOOT has to make a major change to the Client’s holiday before departure in these circumstances MONKFOOT will notify the Client as quickly as possible so that the Client can take the decision: whether to withdraw from the contract without penalty; or to accept the change and proceed with the holiday.
The Client must notify MONKFOOT of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration. MONKFOOT will not be liable for indirect and or consequential losses.
Changes made by the Client: A transfer from one tour to another can only be made more than 60 days, before departure date and if approved by MONKFOOT. If such a request is accepted by MONKFOOT, MONKFOOT reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (120 days for Expedition Trips) before departure will not be accepted. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply. The Client may apply to have the name of the reservation altered by MONKFOOT more than 60 days, (90 days for Expedition Trips) prior to departure. Name changes cannot be made 60 days (90 days for Expedition Trips) or less before departure. Any name changes are subject to Company approval and applicable Administrative Fees. Package Travel is subject to different terms and conditions as defined in Section 30.
Other Changes: Any changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 10 days of departure.
Flights and Air Fare
Unless otherwise stated. MONKFOOT will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by MONKFOOT.
Until the tickets are issued, MONKFOOT reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other reasonable cause.
Cancellation fees will apply if the Client subsequently decides to cancel after ticket has been issued.
Airline tickets are 100% non-changeable & only partially refundable once tickets have been issued.
MONKFOOT strongly recommends flight times and numbers be verified or reconfirmed at least 72 hours prior to departure. MONKFOOT is not responsible for any change to airline schedules or flight numbers after tickets have been issued.
Airline Delay: MONKFOOT will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. MONKFOOT will not reimburse for any additional expenses incurred by the Client as a result. MONKFOOT will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control.
Acceptance of risk
The Client acknowledges that the all tours may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release MONKFOOT from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. The Client understands travelling to some destinations may involve risks above and beyond those encountered on a more conventional holiday, and that adventure trips have inherent dangers. The Client understands that travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard the Client is used to at home or would find on conventional holiday. The Client accepts these risks and obligations and fully assumes the risks of travel.
The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by MONKFOOT regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and MONKFOOT is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
To expedite the issuing of travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email once full payment has been received by MONKFOOT. MONKFOOT reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Factos outside Monkfoot’s control (FORCE MAJEURE)
MONKFOOT shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for MONKFOOT's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of MONKFOOT the consequences of which could not have been avoided even if all due care had been exercised; or an event which MONKFOOT or the supplier of services, even with all due care, could not foresee.
MONKFOOT strongly recommend that all Clients obtain travel insurance with a minimum medical coverage of US$100,000 while travelling with MONKFOOT and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. MONKFOOT shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the Client in public lounges or other public areas, whether on board a transport, train, bus, or other mode of transportation, publicly owned or operated by MONKFOOT or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. MONKFOOT cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by MONKFOOT such as hotels, homestays, transports, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with MONKFOOT, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
The Client expressly agrees that use of the services is at their sole risk. To the extent MONKFOOT acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall MONKFOOT be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis.
MONKFOOT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the Client obtains from MONKFOOT or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services
Notwithstanding anything to the contrary elsewhere in these Booking Conditions, MONKFOOT shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability MONKFOOT may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Contract not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then MONKFOOT’s liability will not exceed INR5,000. MONKFOOT will not at any time be liable for any loss of or damage to valuables of any nature. The Client is precluded from making a double recovery by making the same claims and seeking recovery against MONKFOOT and its suppliers, contractors or other third parties.
In addition, Monkfoot cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, transport, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Monkfoot. In no event will Monkfoot be responsible for incidental, consequential or special or incidental damage or loss suffered by any person. Monkfoot’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Monkfoot for its services. In issuing tickets and coupons for transportation of the purchaser by any means, and making arrangements for hotel or other accommodation, Monkfoot is not acting as principal but only as agent for the companies, corporation or person providing or offering the means of transportation and accommodation. To the extent Monkfoot shall not be acting as an agent, as stated above, is shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. Airlines and other transportation providers (e.g., boat operators) are not liable for any detention, delays, loss, damage, sickness or injury, however or by whoever caused, during the time passengers are not on board their planes or conveyances. The contract of carriage used by such transportation providers when issued shall constitute the sole contract between the transportation providers and the purchaser of these vacation arrangements
Suppliers and contractors
Hotels, transport or other elements of a Package will be arranged by MONKFOOT with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. MONKFOOT will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
Successor and Assigns
These Terms and Conditions shall inure to the benefit of and be binding upon MONKFOOT and the Client and their respective heirs, legal personal representatives, successors and assigns. MONKFOOT, Monkfoot Travels Private Limited, exists under, and is pursuant to, the laws of the ROC, India.
The Terms and Conditions including all matters arising from it are subject to Indian Law and the exclusive jurisdiction of the Delhi Court.