1.1 These Terms & Conditions (“Terms”) govern the relationship between Madcap Adventure Xperiences Private Limited (“MAXPL”) and every person who makes an enquiry, submits a booking request, makes a payment, accepts a quotation, joins or participates in any expedition, journey, tour, drive, experience or related service offered under the Madcap Luxe Travel brand (“Traveller”, “you” or “your”).
1.2 These Terms apply to all expeditions, self-drive journeys, road trips, overland expeditions, luxury travel experiences, motorsport experiences, accommodation packages, transportation arrangements, activities and other curated experiences offered by MAXPL, whether within India or internationally (“Expedition”).
1.3 By making a booking, paying any amount, accepting a quotation or booking confirmation, joining an Expedition, or otherwise participating in an Expedition, you confirm that you have read, understood and agreed to these Terms.
1.4 Where a Traveller books on behalf of other persons, the person making the booking represents and warrants that they are authorised to do so and that these Terms have been communicated to and accepted by all persons travelling under that booking.
1.5 These Terms, together with the applicable booking confirmation, invoice, itinerary, brochure, written inclusions/exclusions, special conditions applicable to the particular Expedition and any supplier-specific terms expressly incorporated into the booking, constitute the contractual framework between MAXPL and the Traveller.
1.6 In the event of an inconsistency, the following order of precedence shall apply:
1.7 Marketing material, social-media content, website descriptions, photographs, illustrations and promotional communications are intended to provide a general representation of the Expedition and shall not override the final written booking confirmation or itinerary.
2.1 “MAXPL” means Madcap Adventure Xperiences Private Limited and, where the context permits, includes its directors, officers, employees, representatives, crew, agents, contractors, affiliates, suppliers and authorised service providers.
2.2 “Traveller” means each person participating in an Expedition and includes the Lead Traveller and accompanying persons.
2.3 “Lead Traveller” means the person who makes or coordinates the booking for themselves and/or other Travellers.
2.4 “Expedition” means any travel, journey, drive, tour, road trip, expedition, motorsport experience, accommodation package, activity or curated travel experience operated, arranged, marketed or facilitated by MAXPL.
2.5 “Expedition Fare” means the amount specifically quoted and confirmed by MAXPL for the applicable Expedition, subject to the inclusions, exclusions, taxes, fees and conditions stated in the booking documentation.
2.6 “Third-Party Supplier” means any independent hotel, resort, airline, vehicle rental company, transport operator, restaurant, activity provider, motorsport organiser, event organiser, guide, medical provider, insurer, visa provider, local operator or other supplier engaged in connection with an Expedition.
2.7 “Vehicle” means any car, SUV, motorcycle, coach or other conveyance used by a Traveller during an Expedition, whether owned by the Traveller, MAXPL or a Third-Party Supplier.
2.8 “Force Majeure Event” means an event or circumstance beyond MAXPL's reasonable control, including war, terrorism, civil unrest, riots, political instability, border restrictions, government action, natural disaster, extreme weather, epidemic or pandemic, public-health emergency, road closure, airport or airline disruption, strikes, labour disputes, fuel shortages, mechanical failure, accident, fire, flood, earthquake, security incident, medical emergency, insolvency or failure of a supplier, or any other event that materially affects the safe or commercially reasonable operation of an Expedition.
3.1 MAXPL operates as a travel curator, organiser, facilitator and/or principal for the services expressly stated to be provided by MAXPL.
3.2 Depending on the Expedition, MAXPL may arrange or facilitate services provided by independent Third-Party Suppliers, including accommodation, transportation, vehicle rental, restaurants, activities, events, guides, permits, visas and other services.
3.3 Third-Party Suppliers are independent entities and are not employees, partners, agents or joint venturers of MAXPL unless expressly stated otherwise.
3.4 MAXPL shall use reasonable care in selecting and coordinating Third-Party Suppliers. However, MAXPL does not control their independent operations and cannot guarantee their continuous availability, performance, safety, quality or conduct.
3.5 Where a service is supplied directly by MAXPL, MAXPL remains responsible for that service to the extent required by applicable law.
3.6 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
4.1 A booking request is not a confirmed booking until MAXPL has received the required payment and issued written confirmation, unless otherwise expressly agreed in writing.
4.2 MAXPL reserves the right to decline a booking where capacity is unavailable, eligibility requirements are not satisfied, required documentation is not provided, payment requirements are not met, or participation is reasonably considered unsuitable for safety, operational, legal or other legitimate reasons.
4.3 MAXPL may impose additional eligibility requirements for particular Expeditions, including minimum age, driving licence, driving experience, medical fitness, insurance, visa status, nationality or residency requirements.
4.4 A Traveller is responsible for ensuring that all information supplied to MAXPL is complete, accurate and current.
4.5 MAXPL shall not be responsible for consequences arising from inaccurate, incomplete or delayed information supplied by the Traveller.
5.1 The Expedition Fare shall be the amount stated in the applicable written quotation or booking confirmation.
5.2 Unless expressly stated otherwise, the Expedition Fare does not include items listed as exclusions, including personal expenses, fuel, tolls, parking, visas, travel insurance, medical expenses, personal purchases, optional activities, alcoholic beverages, damage/security deposits, or costs arising from Traveller-requested deviations.
5.3 Taxes, government charges, permits, fees, airline charges, visa fees, fuel costs, foreign-exchange fluctuations and other statutory or third-party charges may change after a quotation has been issued and, where legally permissible, may be passed on to the Traveller.
5.4 Where a price is expressly described as tentative, estimated, indicative or subject to confirmation, it shall not constitute a final Expedition Fare until confirmed in writing.
5.5 Payments must be made in accordance with the payment schedule communicated by MAXPL.
5.6 MAXPL may suspend or cancel a booking where an instalment is not received by its due date, subject to the applicable cancellation terms.
5.7 Any bank charges, payment gateway charges, foreign-exchange charges or other transaction costs imposed by a Traveller's bank or payment provider shall be borne by the Traveller unless expressly agreed otherwise.
5.8 Where a payment is made through a travel agent, reseller, concierge or other intermediary, MAXPL's obligations concerning refunds shall be subject to the applicable contractual arrangements and the actual amount received or recoverable by MAXPL. Any amount retained by the intermediary shall be addressed directly with that intermediary, subject to applicable law.
6.1 Expedition itineraries are planned carefully but are not guarantees that every listed activity, venue, road, accommodation, vehicle or event will be available.
6.2 MAXPL may reasonably modify, reorder, substitute, shorten, extend or omit any part of an Expedition where required for safety, operational feasibility, weather, road conditions, supplier availability, government restrictions, event schedules, traffic, border requirements, mechanical issues, medical circumstances or other legitimate reasons.
6.3 Where reasonably practicable, MAXPL shall endeavour to provide a comparable alternative where a material component becomes unavailable.
6.4 Changes that do not materially reduce the overall character or value of the Expedition shall not ordinarily constitute grounds for cancellation or compensation.
6.5 Where MAXPL makes a material change or cancels an Expedition before departure for reasons within MAXPL's control, the Traveller's rights shall be governed by the applicable Cancellation & Refund Policy and mandatory applicable law.
6.6 MAXPL shall not be responsible for additional costs incurred by a Traveller who independently deviates from the official itinerary.
7.1 Hotels, resorts, airlines, vehicle rental companies, restaurants, activity operators, event organisers, guides, transport providers and other suppliers are independent Third-Party Suppliers.
7.2 Their services are subject to their own terms, policies, safety requirements and cancellation conditions.
7.3 MAXPL shall not be liable for losses arising solely from the acts, omissions, insolvency, delays, cancellations, negligence or failures of an independent Third-Party Supplier, except to the extent that liability is imposed on MAXPL by applicable law.
7.4 Where MAXPL receives a refund, credit or compensation from a Third-Party Supplier on behalf of a Traveller, MAXPL shall pass on the amount properly recoverable, subject to permitted deductions and applicable law.
7.5 The Traveller authorises MAXPL to share information reasonably necessary with Third-Party Suppliers to provide the booked services.
8.1 The Traveller is solely responsible for obtaining and maintaining valid passports, visas, permits, driving licences, international driving permits, vaccination certificates, insurance documents and all other documents required for the Expedition.
8.2 MAXPL may provide information or facilitate visa or permit services through Third-Party Suppliers, but does not guarantee visa issuance, immigration clearance or entry into any country.
8.3 Visa refusal, delayed visa issuance, denied boarding, immigration refusal or inability to obtain required documentation shall not automatically entitle the Traveller to a refund and shall be dealt with under the applicable Cancellation & Refund Policy.
8.4 Travellers must comply with all immigration, customs, road-traffic and other laws applicable in each jurisdiction visited.
9.1 Where a Traveller drives a Vehicle, the Traveller must hold all legally required licences and permits and must comply with all applicable road-traffic laws.
9.2 The driving Traveller is responsible for operating the Vehicle safely and lawfully.
9.3 No Traveller may drive while intoxicated, impaired, fatigued or otherwise unfit to drive.
9.4 No Traveller may permit an unauthorised person to drive a Vehicle.
9.5 Seat belts and all legally required safety equipment must be used at all times.
9.6 The Traveller is responsible for traffic fines, parking penalties, toll violations, congestion charges, speeding penalties and other personal violations arising from their use of the Vehicle.
9.7 Where a Vehicle is rented or supplied by a Third-Party Supplier, the Traveller must comply with that supplier's rental agreement and insurance conditions.
9.8 Where MAXPL provides or arranges a Vehicle, the Traveller shall be responsible for damage, loss, misuse, negligence, unauthorised use, prohibited driving, improper operation or breach of the applicable vehicle terms to the extent permitted by law.
9.9 Security deposits, excess amounts and damage charges may be applied in accordance with the relevant Vehicle supplier's terms.
9.10 The Traveller must immediately report accidents, damage, breakdowns, theft or other incidents involving a Vehicle to MAXPL and the relevant supplier or authorities as applicable.
9.11 MAXPL does not guarantee that a Vehicle will remain identical to the vehicle depicted in promotional material. Equivalent or comparable substitutions may be made where reasonably necessary.
10.1 Expeditions may involve remote driving, desert driving, mountain roads, high-altitude areas, off-road terrain, motorsport events, spectator areas, water activities, trekking, wildlife encounters and other adventure activities.
10.2 Such activities inherently involve risks, including but not limited to accident, collision, vehicle failure, falls, injury, illness, dehydration, heatstroke, hypothermia, altitude-related illness, weather exposure, animal encounters, loss of property, disability and, in extreme circumstances, death.
10.3 Participation in optional or adventure activities is voluntary unless expressly included as a mandatory component of the Expedition.
10.4 The Traveller is responsible for deciding whether they are physically and mentally fit to participate in an activity and should obtain appropriate medical advice where necessary.
10.5 MAXPL may restrict or refuse participation in an activity where it reasonably believes participation presents a safety risk to the Traveller, crew or other persons.
10.6 Motorsport and event experiences are subject to the rules and safety instructions of the relevant organiser and venue. MAXPL does not control the operation of motorsport events or the conduct of participating competitors.
10.7 Travellers must comply immediately with all safety instructions issued by MAXPL, event organisers, guides, drivers, venue operators and other authorised personnel.
11.1 Travellers are responsible for determining whether they are medically fit for the Expedition.
11.2 Certain Expeditions may involve remote regions, high altitude, extreme temperatures or limited access to medical facilities.
11.3 MAXPL may require medical disclosure, medical clearance or additional documentation where reasonably necessary for safety.
11.4 Travellers must disclose any condition, medication requirement, allergy, mobility limitation or other circumstance that may materially affect their ability to participate safely.
11.5 Failure to disclose material information may result in the Traveller being denied participation where necessary for safety.
11.6 In an emergency, the Traveller authorises MAXPL and its representatives to take reasonable steps to obtain medical assistance, evacuation or transportation.
11.7 Medical providers are independent professionals. MAXPL does not provide medical diagnosis or treatment.
11.8 All medical, evacuation, hospital, medication and related costs are the responsibility of the Traveller unless expressly covered by MAXPL or an applicable insurance policy.
11.9 Travellers are strongly advised to obtain comprehensive travel insurance including medical treatment, emergency evacuation, repatriation, trip cancellation, baggage and activity coverage appropriate to the Expedition.
12.1 Travel insurance is strongly recommended and may be mandatory for certain Expeditions.
12.2 The Traveller is responsible for reviewing the policy wording and ensuring that the insurance adequately covers the Expedition.
12.3 MAXPL is not an insurer and does not guarantee that a Traveller's insurance claim will be accepted.
12.4 Failure to purchase appropriate insurance does not transfer the Traveller's financial responsibility to MAXPL.
13.1 Travellers are responsible for their personal belongings, baggage, passports, documents, electronic equipment, jewellery, cash and other valuables.
13.2 MAXPL shall not be responsible for loss, theft or damage to personal property except to the extent caused by MAXPL's legally attributable act or omission and subject to applicable law.
13.3 Travellers should not carry unnecessary valuables.
13.4 Travellers must comply with applicable laws regarding prohibited, restricted and hazardous items.
14.1 Travellers must behave responsibly and respectfully toward other Travellers, MAXPL personnel, suppliers, local communities and authorities.
14.2 MAXPL operates a zero-tolerance policy toward unlawful, violent, abusive, threatening, discriminatory, harassing or materially disruptive conduct.
14.3 MAXPL may require a Traveller to leave an Expedition, refuse participation in an activity or take other reasonable safety measures where the Traveller's conduct creates a risk or materially affects the safety, welfare or enjoyment of others.
14.4 Where a Traveller is removed or voluntarily leaves because of their conduct, no refund shall ordinarily be due for unused services, and the Traveller shall bear any resulting transportation, accommodation or other costs, subject to applicable law.
14.5 Travellers may not commercially solicit other guests, distribute unauthorised promotional material, or conduct competing commercial activities during an Expedition without MAXPL's written permission.
15.1 A minor may participate only where expressly permitted for the particular Expedition.
15.2 Minors must be accompanied and supervised by a parent or legal guardian or by another person expressly approved by MAXPL.
15.3 The accompanying adult remains responsible for the minor throughout the Expedition.
15.4 Certain activities, vehicles and destinations may impose additional age restrictions.
16.1 Travellers must comply with the laws of every jurisdiction visited.
16.2 Driving or participating in a safety-sensitive activity while impaired by alcohol, drugs or medication is strictly prohibited.
16.3 No Traveller may possess or use illegal drugs or prohibited substances during an Expedition.
16.4 MAXPL may refuse participation where a Traveller appears intoxicated or impaired.
17.1 Certain Expeditions or Vehicles may require a refundable security or damage deposit.
17.2 The amount and method of payment shall be specified in the booking documentation.
17.3 MAXPL or the relevant supplier may apply the deposit toward unpaid charges, damage, loss, penalties, excess amounts or other amounts properly payable by the Traveller.
17.4 Any remaining balance shall ordinarily be returned within four weeks after completion of the Expedition or such longer period as may reasonably be required to obtain final third-party charges.
18.1 Traveller-initiated cancellations are governed by the Cancellation & Refund Policy below.
18.2 Cancellation requests must be submitted in writing to MAXPL.
18.3 The cancellation date shall be the date on which MAXPL receives the written cancellation request.
18.4 No-show, late arrival, early departure, missed transportation or voluntary non-participation shall be treated in accordance with the applicable cancellation provisions.
18.5 Non-refundable third-party commitments, permits, visas, flights, accommodation, vehicle charges, event tickets and other committed costs may be deducted in accordance with the Cancellation & Refund Policy and applicable law.
19.1 MAXPL may cancel an Expedition before commencement where necessary for safety, insufficient operational viability, government restrictions, Force Majeure Events, supplier failure, material changes in event schedules or other legitimate operational reasons.
19.2 Where MAXPL cancels for reasons within its control, the Traveller's entitlement shall be governed by the Cancellation & Refund Policy.
19.3 Where cancellation results from a Force Majeure Event, MAXPL shall provide the remedy specified in the Cancellation & Refund Policy, subject to amounts already committed to Third-Party Suppliers and amounts actually recoverable.
19.4 Except where required by law, MAXPL shall not be liable for consequential losses such as loss of business, loss of income, missed employment, lost opportunities, personal arrangements or other indirect expenses arising from cancellation or changes.
20.1 MAXPL shall not be responsible for failure or delay in performance caused by a Force Majeure Event.
20.2 MAXPL may alter, suspend, postpone, reroute or cancel an Expedition where a Force Majeure Event makes the original itinerary unsafe, unlawful, impracticable or commercially unreasonable.
20.3 MAXPL shall use reasonable efforts to mitigate the impact and, where practicable, offer alternative arrangements.
20.4 Refunds or credits arising from Force Majeure Events shall be limited to amounts that MAXPL is able to recover from Third-Party Suppliers, unless MAXPL expressly agrees otherwise.
21.1 A Traveller who voluntarily leaves an Expedition, deviates from the itinerary, missed a scheduled service or otherwise chooses not to use an included service is not entitled to a refund for the unused portion unless otherwise required by law or expressly agreed by MAXPL.
21.2 Any additional transportation, accommodation, food, medical, security or other costs resulting from such deviation shall be borne by the Traveller.
21.3 A Traveller who leaves without notifying MAXPL may be treated as having voluntarily withdrawn from the Expedition.
22.1 MAXPL and its authorised representatives may photograph, film or otherwise record Expeditions for documentary, editorial, promotional, advertising, social-media and marketing purposes.
22.2 Subject to applicable law, by participating in an Expedition, the Traveller grants MAXPL a worldwide, royalty-free licence to use their name, image, likeness, voice and appearance captured by or on behalf of MAXPL during the Expedition for legitimate Madcap-related promotional, editorial and marketing purposes.
22.3 This licence does not transfer ownership of original content independently created and owned by the Traveller.
22.4 A Traveller who provides photographs, videos, reviews, testimonials or other content to MAXPL represents that they have the necessary rights and permissions to do so and grants MAXPL a worldwide, royalty-free, transferable and sub-licensable licence to reproduce, edit, publish, distribute and display that content for Madcap-related purposes.
22.5 MAXPL shall not knowingly use a Traveller's image in a manner that is defamatory, unlawful or materially misleading.
23.1 The Madcap Luxe Travel name, logos, trademarks, written content, itinerary concepts, expedition names, photographs, videos, graphics, designs and other proprietary materials are owned by or licensed to MAXPL.
23.2 No Traveller receives any ownership rights in MAXPL intellectual property by virtue of participating in an Expedition.
23.3 Travellers may not commercially reproduce, sell, license or exploit MAXPL's proprietary expedition materials without prior written consent.
24.1 Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
24.2 Subject to the foregoing, MAXPL shall not be liable for indirect, incidental, special, consequential or purely economic losses arising from an Expedition except where such liability cannot lawfully be excluded.
24.3 MAXPL shall not be responsible for loss caused solely by:
24.4 Where MAXPL is legally liable for a claim arising from an Expedition, its liability shall, to the maximum extent permitted by applicable law, be limited to the amount paid to MAXPL by the affected Traveller for the specific Expedition giving rise to the claim.
24.5 Nothing in this Section shall exclude or limit liability for fraud, wilful misconduct, or any liability that applicable law prohibits MAXPL from excluding or limiting.
25.1 To the maximum extent permitted by applicable law, the Traveller shall indemnify and hold harmless MAXPL, its directors, officers, employees, representatives and contractors against third-party claims, penalties, fines, losses and reasonable costs arising from:
25.2 This indemnity does not apply to the extent a claim is caused by MAXPL's own liability that cannot legally be transferred to the Traveller.
26.1 Travellers should report any material issue to the MAXPL expedition leader or designated representative as soon as reasonably possible so that an opportunity exists to resolve it during the Expedition.
26.2 Where a complaint concerns a Third-Party Supplier, MAXPL may assist the Traveller in communicating with that supplier but does not guarantee the supplier's response.
26.3 Complaints that remain unresolved should be submitted in writing to info@madcapadventure.in within a reasonable period after completion of the Expedition.
27.1 These Terms are governed by the laws of India.
27.2 MAXPL and the Traveller shall first attempt in good faith to resolve any dispute through written communication and reasonable settlement discussions.
27.3 Nothing in these Terms shall prevent a consumer from exercising any mandatory statutory right or remedy available under applicable law.
27.4 Where arbitration is legally permissible and is validly invoked, disputes may be referred to a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
27.5 The seat and venue of arbitration shall be [New Delhi / Gurugram / INSERT CITY], subject to applicable law.
27.6 The arbitration shall be conducted in English unless otherwise agreed.
27.7 Subject to mandatory statutory rights and applicable law, courts having competent jurisdiction at [New Delhi / Gurugram / INSERT CITY] shall have jurisdiction over matters arising from these Terms.
28.1 If any provision of these Terms is held invalid, unlawful or unenforceable, that provision shall be modified or severed only to the extent necessary, and the remaining provisions shall continue in full force.
29.1 A failure or delay by MAXPL to enforce any provision shall not constitute a waiver of that provision or any other right.
30.1 The Traveller may not transfer or assign a booking without MAXPL's prior written consent.
30.2 MAXPL may assign or transfer its rights and obligations to an affiliate, successor entity or purchaser of the relevant business, provided that such transfer does not unlawfully prejudice the Traveller.
31.1 MAXPL may update these Terms from time to time.
31.2 The version applicable to a confirmed booking shall ordinarily be the version accepted at the time of booking, unless an amendment is required by law or is reasonably necessary for safety, regulatory compliance or operational requirements.
31.3 Updated website Terms shall apply to future bookings from their effective date.
32.1 These Terms and the applicable booking documents constitute the agreement between MAXPL and the Traveller concerning the Expedition and supersede prior discussions or representations concerning the same subject matter, except for any written representation expressly incorporated into the booking documentation.
33.1 By booking or participating in an Expedition, the Traveller acknowledges that:
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