Defender Journeys: Terms & Conditions
- Organisers
- Jaguar Land Rover India Limited (“JLRIL”) has authorised Cougar Motorsport Pvt Ltd (“Cougar Motorsport”) on a principal-to-principal basis to organise self-driving expeditions with Land Rover vehicles (“Journeys”), and their related activities. Cougar Motorsport along with its shareholders, sponsors, affiliates, sub-contractors and suppliers and all of their respective officers, directors, employees, servants and agents are collectively referred to as the “Organisers”
- Guest
- The below mentioned terms and conditions govern the relationship between you, the participant in the Journey, referred to as “Guest” and the Organisers. By registering for the Journey and making a payment of the agreed amount to the Organisers, you agree to be bound by these Terms and Conditions.
- Third parties
- Although Cougar Motorsport, is making the arrangements for the Journey, its responsibility is limited. Cougar Motorsport is involved in the bookings related to the Journey but does not act as an agent for any party whatsoever. The limits of its responsibility arise from the fact that it liaises with independent third parties such as independent tour operators, hotel companies, transportation companies and/ or drivers and other ground operators and suppliers to supply goods and services to Guests; however, such third parties are not Cougar Motorsport’s employees or agents or employers or principals. Accordingly, each Guest agrees that Cougar Motorsport shall not and shall be deemed not to manage, control or supervise the goods or services they supply and shall not be liable for any acts or omissions, including any negligence, gross negligence, or reckless or wilful acts, on the part of such third parties or any other defect in such goods or services. By accepting and utilising the goods and/ or services of said third parties, each Guest agrees that Cougar Motorsport shall not be held liable in any way for any injury, loss, damage, delay, or death or property loss or damage arising from any act or omission of any such third party. Guests will be subject to the terms and conditions, if any, made applicable by such third-party suppliers.
- Each Guest further understands and agrees that JLRIL is no manner involved in undertaking the Journeys and consequently, shall not and shall be deemed not to manage, control or supervise either the Organisers or the third party suppliers for the Journey and shall not be liable for any acts or omissions, including but not limited to any negligence, gross negligence, or reckless or wilful acts, on the part of the Organisers or such third parties or any other defect in the Journey or such goods or services. By participating in the Journey and accepting and utilising the goods and/ or services of said third parties, each Guest agrees that JLRIL shall not be held liable in any manner or for whatsoever reason including but not limited to any injury, loss, damage, delay, or death or property loss or damage arising from any act or omission of the Organisers or any third party.
- The Organisers have made best efforts to procure the best hotels available keeping the comfort and convenience of the Guests as per the itinerary as priority and have been selected based on strong internal assessment.
- While the Organisers will make efforts to ensure the delivery of services that are to be provided by the hotel, the Organisers act as a facilitator for the Guest and the hotel, and shall under no circumstance accept any responsibility for inadequate/deficient/negligent services provided by the hotel. The Organisers shall not accept any complaints from the Guest with respect to services provided by the hotels and that any grievance or complaint shall be directly lodged with the concerned hotel management.
- The Guest shall be liable to make good any damage(s) caused by any act of the Guest (wilful/negligent) to the property of the hotel in any manner provided by the hotel policy. The extent and the amount of the damage so caused will be as determined by the concerned hotel. The Organisers shall not intervene in the same in any way.
- The menu for all meals will be pre-set as per the package.
- The Organisers reserve the right to change the menu if circumstances necessitate such a change without any prior notice to the Guest. If the Guest does not avail the meals (as offered in the menu) for any reason, then no claim can be made for the unutilised meal against the Organisers.
- Itinerary
- The Organisers take all reasonable steps at the time of finalising the itinerary for the Guest to ensure that the itinerary is as per the convenience and comfort of the Guest. However, the Organisers reserve all the rights to effect any change in the itinerary due to any reasons that the Organisers may deem fit for effecting such change and that the Organisers shall not be bound to take any prior permission or give prior notice to any Guest before changing the itinerary. In the event of a change in the itinerary, the Organisers will inform the Guest accordingly at the earliest possible time before the start of the Journey. The Organisers will not be responsible for expenses incurred by the Guests in preparation for the Journey or for any other travel arrangements made by them.
- The Organisers can cancel the Journey in the event of not reaching the minimum number of participants as stipulated beforehand. In the event of such cancellation, the Organisers will inform the Guest at the earliest possible time and at least one week before the start of the Journey and the Guest shall be reimbursed immediately for any payments made against the price of the booked Journey. The Organisers will not be responsible for expenses incurred by the Guests in preparation for the Journey or for any other travel arrangements made by them.
- The Organisers will inform the Guest in the event of any change in the itinerary of the Guest post start of the Journey, which is beyond the control of the Organisers. A change to the itinerary will be made considering all the factors that any prudent person will do from the Guest’s convenience, safety and comfort perspective. The Organisers shall not accept any responsibility and shall not be held responsible in any manner whatsoever for any loss that a Guest might suffer consequent to such a change.
- The Organisers shall not be responsible for any delays or alterations in the itinerary or expenses incurred – directly or indirectly – due to natural hazards, accidents, mechanical breakdowns, weather, sickness, landslides, political closures, prohibition orders, local unrest, traffic jams, medical emergency or any untoward incidents. The Organisers reserve the right to claim any additional expenses because of delays or alterations in the itinerary, caused by any reason whatsoever.
- The Organisers reserve the right to without prior notice amend, alter, vary or withdraw any departure, excursion advertised, reverse the order of places to be visited or substitute a hotel of similar class if deemed advisable or necessary.
- In the event the Guest misses out on any activity on the Journey due to delay on his part, the Organisers shall not be held liable to refund the money paid for the same or in any other manner whatsoever.
- Guests will have to strictly adhere to the prescribed timetable for the day so the Journey can be completed within the defined schedule. In case any of the sightseeing schedules are missed due to delays caused by a Guest or for any other reasons, the same shall not be refunded to the Guest under any circumstances.
- Vehicles
- Guests will use a Land Rover Vehicle (“Vehicle”) owned by JLRIL that has been provided to Cougar Motorsport to showcase the same to guests through the Journeys. JLRIL retains title to the Vehicle and the Guest may not do anything inconsistent with JLRIL’s right of ownership.
- The Vehicle is not being used for hire/purchase or reward. No part of this document shall be construed to be a hire-purchase agreement, rental agreement, agreement for hire or reward and /or any other such arrangement which imputes any for profit financial benefit to JLRIL or Cougar Motorsport from the use of the Vehicles by the Guest.
- Guests shall use the Vehicle, only in adherence to the itinerary and route instructions of the Journey coordinator.
- Guests shall ensure that the Vehicle is driven only by individuals with a full and valid driving license for cars and having at least one year’s driving experience. Such driving license shall be carried in original during the Journey and be shown before the Journey begins.
- Guests shall ensure that the Vehicle is driven at all times in a safe and responsible manner in compliance with all applicable road traffic laws and regulations including Motor Vehicle Act 1988, Central Motor Vehicle Rules 1989 or any special regulations for the terrain driven on, including ensuring that no-one drives the Vehicle under the influence of alcohol or drugs.
- The Guest shall fasten her/his seat belt and cause her/his fellow passengers to fasten their seat belts at all times in a moving vehicle and keep all windows closed whilst driving the car.
- The Guest shall wear and cause her/his fellow passengers to wear masks as per the applicable laws of the central and relevant state governments.
- The Guest shall not smoke nor allow her/his fellow passengers to smoke inside the Vehicle.
- The Guest shall ensure that no active safety features on the Vehicle are disengaged.
- The Guest unconditionally agrees that when the Vehicle is equipped with a dash cam, the driving conditions of the Guest will be recorded, and that the Guest shall keep the dash cam switched on at all times. The information recorded with the dash cam may be disclosed to third parties when it is deemed necessary to resolve an accident or other issue involving the Vehicle. Information recorded with the dash cam shall be saved for a certain period of time and then deleted after the end of that period.
- The Guest shall ensure that when left unattended, the Vehicle will be locked, its keys removed, alarm activated, the steering column lock applied and all reasonable precautions taken to protect the Vehicle from theft or damage.
- The Guest shall be responsible for the payment of any and all fines, charges or penalties arising from the use of the Vehicle as a result of criminal offences / regulatory offences, or the like. Upon receipt of the relevant notification from the party or authority requesting payment, JLRIL and Cougar Motorsport may, by exception, in order to avoid escalation and penalties resulting from late payment, make payment. This payment is made by JLRIL and Cougar Motorsport without prejudice to the Guest’s obligation to pay fines and penalties and the Guest remains fully responsible for promptly reimbursing JLRIL and Cougar Motorsport the full value of all amounts paid by JLRIL and Cougar motorsport in respect of the fine or penalty.
- The Guest shall be liable for loss or damage to the Vehicle caused by wilful misuse and any loss, damage or liability which is not covered by insurance. For the avoidance of doubt, the vehicle may not be covered by zero depreciation insurance and all insurance excess, amounts towards parts (e.g., damaged tyres, etc.), deductibles and depreciation not covered by insurance, if any, shall be payable by the Guest.
- The insurance cover may be invalidated if damage or loss to the Vehicle is caused intentionally, by misuse or neglect whilst in the Guest’s possession, care, custody or control or if the Guest is prosecuted for drink or drug related offences or failing to provide a specimen and if the Guest is prosecuted for dangerous driving or death by dangerous driving. In any instances where the insurance cover is invalidated the Guest shall indemnify JLRIL and Cougar Motorsport upon demand for any costs, losses or expenses suffered.
- In the event of any breakdown of a Vehicle during the Journey that cannot be repaired, the Organisers will arrange for the transportation for the Guests to continue in the Journey but will not be under any obligation to arrange for an alternate vehicle and no request for refund of charges for the remaining Journey will be entertained.
- Conditions of Package
- The aforesaid conditions shall be applicable to every Guest who books the package for the Journey with the Organisers.
- The Journey coordinators, particularly the driving instructors, shall be fully authorised to issue directives. All instructions shall be strictly followed, so that neither the Guest himself nor other persons are harmed, and no property is damaged, as a result of the Guest’s conduct. Any actions of the Guest in deviation to the Journey coordinator’s instructions may expose him/her and others to potential dangers and the disobedient Guest shall be held responsible for any loss, injury, damage caused to other Guests. Breaches may lead to expulsion from the Journey.
- Guests shall follow a strict no alcohol consumption policy while on the Journey. The Guest shall be prohibited from driving a vehicle whilst under the influence of alcohol (zero alcohol level), drugs or any other medicine or agents that impair her/his fitness to drive. In the event of any Guest being found violating this rule, the Journey coordinator will have the authority to take any necessary action which they deem fit, in the interest of safety of the group.
- Guests shall follow all hygiene, sanitization and social distancing protocols as per the applicable law and as specified by the central and relevant state governments while on the Journey. In the event of any Guest being found violating this rule, the Journey coordinator will have the authority to take any necessary action which they deem fit, in the interest of safety of the group.
- The Guests shall follow the package itinerary. There shall be no refund, if the Guest fails to join the group at the appointed time of commencement of the Journey or join the group later or leave the group before the culmination of the Journey. Please note that for all purposes, it shall be the responsibility of the Guest to reach the place of commencement of the Journey and register with the representative of the Organisers at the appointed place on the given date and time.
- In case a Guest along with her/his family is compelled to discontinue the Journey due to any reason whatsoever including illness, death or loss of any travel documents, no claim shall be entertained for refund of unutilised services. Further, the Guest shall pay for any transportation costs involved in moving the Vehicle. Even if a Guest is unable to reach the place of commencement of the Journey due to any reason whatsoever including loss of baggage or loss of travel documents, his booking shall be treated as “no show” on the Journey and 100% cancellation charges will be levied.
- The Organisers reserve the right to withdraw participation of any Guest whose behaviour is deemed likely to affect the smooth operation of the Journey or adversely affect the enjoyment or safety of other Guests and the Organisers shall be under no liability to any such expelled Guests.
- Health & Insurance
- The Journey that you have booked is an adventure event that can place considerable demands on man and material. Driving on difficult terrain / in difficult track conditions may lead to extreme stress. Sand, dust, high humidity and unfavourable weather conditions etc. may impact upon you and your personal equipment. Fundamentally, the Journeys are suitable only for fully fit, healthy, resilient adults.
- Each Guest should only do what he feels capable of doing. Many activities involve risks. Each Guest must decide himself what risk he wishes to take. If you are travelling as a legal guardian of a Guest who is a minor, you need to be aware that you will be specifically responsible for assessing the risk and for making decisions on behalf of such Guest.
- It shall be the duty of the Guest to inform the Organisers in case the Guest has any medical conditions (especially diabetes, hypertension, heart disease), medical history (including of COVID-19) or prescribed restrictions/allergies that may affect his ability to enjoy and pursue fully the Journey and wherein the interest of the group or any member thereof is prejudicially affected.
- In the event that a medical condition has been disclosed, the Organisers shall make an effort to provide basic medical help within their means and the medical supplies and equipment available with them, subject to the Guest continuing to remain with the convoy. The Organisers may take a decision to transport the Guest to the nearest appropriate medical facility, using any terrestrial or aerial means. Decisions will be based only on the medical aspect, the medical condition of the Guest and the health regulations in force, either to hospitalise the Guest in a nearby medical facility, before envisaging transport to the nearest hospital/facility at the nearest town. It is, in this regard, expressly stated that the final decision concerning the medical interests of the Guest rest with the Organisers. In case the Guest refuses to follow the decision considered as the most appropriate by the Organisers, they discharge the Organisers of all responsibility, notably in cases where the Guest arranges for her/his return by their own means or where the Guest aggravates their own health. The Guest shall therefore not make any claim to be refunded any expenses incurred. If the health of the Guest causes, in the circumstances described above, the Organisers to decide to transfer them or transport them, the Organisers will assume the task of organising transportation. In such an event, the cost of the transportation will be borne by the Guest. This transport may be done by all appropriate means (local vehicle, officials’ vehicle, light medical vehicle, ambulance, scheduled flight, ambulance plane) if necessary, under medical surveillance. Only the medical interests of the Guest and the respect of current health regulations will be considered when choosing the means of transport used. All medical costs incurred (consultation, medication prescribed by a doctor or a surgeon, medical costs decided by the Organisers), except the medical assistance by any accompanying medical team on the Journey, are the responsibility of the Guest. Under no circumstances shall the Organisers be held liable for any injury, disability, death, sickness etc., that the Guest may suffer or be bound to provide any emergency assistance or refund the money.
- Notwithstanding the above, the Organisers may not be able to provide testing, quarantine, evacuation or treatment for COVID-19. Guest’s will be required to cooperate with any local order or group decision for having to undergo a thermal scanning, test or quarantine as well as not withhold permission to share information about their symptoms with any relevant authority The Organisers reserve the right to withdraw participation of any Guest who exhibits symptom of COVID-19 and is deemed likely to affect the health and safety of other Guests and the Organisers shall be under no liability to provide medical assistance or refunds to such Guest.
- The Journey cost does not include costs towards any insurance premium. The Organisers will not obtain any insurance policy covering any risk. The Guests are advised to seek their own appropriate personal accident/travel/medical including COVID-19 insurance coverage as they deem appropriate and at their own cost. All baggage and personal property/s at all times will be at the Guests’ risk and Guests agree that Organisers will be not be in a position to guard or protect their belongings at any time.
- During the stay at the hotel properties, their rules applicable for such stay, as would be communicated during the time of checking in to the hotels, would apply, and would be required to be adhered to by all Guests.
- Please also note that availability of such stay would be subject to any restrictions imposed by the government of India or the respective state governments, in light of COVID-19 conditions.
- Liability
- The Organisers shall not be responsible and / or liable for any damages caused to the Guest due to circumstances beyond the control of the Organisers (Force Majeure / Vis Major / Acts of God).
- The Organisers shall not be responsible for the temporary or permanent loss of or damage to baggage or personal effects howsoever caused including wilful negligence on the part of any person.
- The Organisers shall not be responsible for any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, any direct loss or damage including financial loss, or loss of contracts or goodwill or for any indirect, special or consequential loss and/or damage or any kind of theft howsoever caused and the Guest hereby forever discharges them of and from all actions, causes of action, suits, debts, obligations, claims and demands whatsoever which the Guest has or hereafter can, shall, or may have.
- Indemnity
- The Guest unconditionally and irrevocably agrees to hold the Organisers harmless and indemnified against any loss, damage, claim, suit, compensation, attorney expenses, criminal prosecution, order of court arising out of any injury, damage, loss to life and property of the Guest or any member of her/his team or any third party including but not limited to individuals, government bodies, corporate entities, etc., due to direct or indirect acts of negligence, default, omission and commission on the part of the Guest during the Journey. This indemnity shall be binding on the heirs, executors and legal representatives of the Guest.
- Children
- The parent/guardian signing below agrees to be responsible for his/her children and his/her actions and will ensure he/she complies with his/her obligations.
- By signing below the parent/guardian is agreeing to the application of these terms and conditions in respect of the child’s participation in the Journey.
- Children must not be left unattended at any time. Children are the responsibility of either parents or a guardian at all times.
- Refunds & Cancellation
- The charges paid will be refunded in case the Guest’s registration is rejected by the Organisers or in case the Journey is cancelled by the Organisers. The charges will NOT be refunded for ANY OTHER reason.
- The Guest can propose a substitute participant to take her/his place on the Journey.
- Force Majeure
- The Organisers shall not be held liable for damages or deficiency in service or any losses, injuries, expenses, etc., in the event of the Journey being delayed or cancelled or aborted after commencing or any other incidents during the Journey due to any circumstances out of the control of the Organisers including but not limited to natural calamities, prohibition orders, local unrest, traffic jams, medical emergency, pandemic, accidents, etc. (“Force Majeure Event”) The Organisers shall be under no obligation to resume the Journey upon the situation becoming normal after the Force Majeure Event.
- Law & Jurisdiction
- For any claims, suits, complaints or disputes relating to the Journey and service provided by the Organisers therein, the courts and tribunals of New Delhi, India alone shall have exclusive jurisdiction.
- Sharing of Personal Data
- By participating in the Journey, the Guest hereby unconditionally and irrevocably agrees and consents that the Organisers and/or JLRIL may use her/his name and / or photograph and/or video and/or Audio for advertising or promotional related activities without demanding any compensation under any circumstances whatsoever from the Organisers.