Definitions

In these booking terms the following terms will have the following meanings:

1.1 “booking” the contract between you and us comprising a confirmation invoice and these booking terms and conditions:

1.2 YOUR CONTRACT IS WITH Nishant Badami, trading as Ubuntu / Ubuntu Specialist / Ubuntu Junior, holding GST number 27AIVPB4792K1ZK

1.3 “you” any individual who makes a booking with the Company and all members of their party.

Designing Fees

Ubuntu requires a fee of INR 22,000 plus 18% GST, or its equivalent in the relevant currency, to proceed with the design process following the initial round of discussions. This fee applies on a per-person, per-couple, or per-family basis (for units of 3 to 6 individuals, including 2 adults and children). The fee covers up to three changes to the itinerary and will be deducted from the final booking amount. If, for any reason, the booking is not finalized with Ubuntu, this fee becomes non-refundable.

Booking and payments

2.1 Once your arrangements have been agreed a confirmation invoice will be issued to you. It is your responsibility to check this carefully and highlight any incorrect or incomplete information to us as soon as possible. All names must be as stated in the relevant passports. We have no responsibility for any errors except for those made by us.

2.2 To make a booking we must receive your written agreement to the confirmation invoice. A deposit of at least 30% of the estimated total cost of your arrangements as specified in the confirmation invoice must be paid within 2 working days of the date of issue to you of the confirmation invoice. If the start date of your arrangements is less than 3 months from the date of the confirmation invoice then a deposit of 100% of the total cost of your arrangements must be paid within 2 working days of the date of issue to you of the confirmation invoice. Payments must be made in the agreed currency by way of bank transfer to the bank account shown on the confirmation invoice. All remitter and recipient fees for payment by bank transfer must be paid by you.

2.3 Your booking is considered definite and a contract will exist between you and Ubuntu only when an email of confirmation has been sent to you. No contract will exist between us prior to our issuing the confirmation email/invoice.

2.4 You must pay the full balance of the cost of your booking by the balance due date specified in the confirmation invoice. Payments must be made in the agreed currency by way of bank transfer to the bank account shown on the confirmation invoice. If full payment is not received by the balance due date we will treat your booking as cancelled and we will retain the full deposit. We also reserve the right to recover any balance due by you.

2.5 If you or any members of your party have any special needs (e.g. a disability) or any special requests (e.g. particular dietary requirements) these should be made known to us while we are organising your arrangements and before we issue the confirmation invoice to you. We will endeavour to arrange for such special needs and requests to be met but cannot guarantee that they will be. We do not accept bookings that are conditional upon any special needs or requests being met.

2.6 Changes to an itinerary will be limited to x2 within the cost specified in the invoice except under itineraries under Ubuntu Specialist and Ubuntu Junior. 

2.7 Additional arrangements can be requested after a booking is made. If these additional arrangements can be agreed upon, an additional confirmation invoice will be issued and an additional deposit will be required to be paid on the same terms and in the same manner as the original deposit.

2.8 All prices in the confirmation invoice will be based on costs and exchange rates as of the date of the confirmation invoice. We will endeavour to mitigate any increase in the cost of your arrangements. Increases in costs due to transportation costs including the cost of fuel increases due to any fluctuation in exchange rates and dues, taxes or fees chargeable for services such as landing taxes or embarkations or disembarkation fees at ports and airports may be passed on to you. You will not be charged for any increase of up to 2% of the total cost of your arrangements specified in the confirmation invoice and any additional invoices and in the event that the cost of your arrangements goes down by more than 2% of the total cost as specified in your confirmation invoice and any additional invoices the difference will be repaid to you after the end of your booking.

2.9 Specific booking terms may apply and would need to be referred to for certain itineraries

2.10 A GST as applicable at the time of booking will be added to the final cost of the existing itinerary

2.11 A service fee + 18% GST (in addition to the cost of the itinerary/journey – inclusive of GST mentioned in point 2.10) will be charged for any design of a fresh itinerary that is not already listed on the website, even if it is a destination that is already on said site. 

Insurance

You are responsible for arranging full travel insurance which should cover you for the activities you plan to undertake and have adequate cover for travel delay, cancellation and curtailment, medical expenses and your personal belongings. Your policy should include cover for any medical claim due to Coronavirus and cancellation due to you falling ill with Coronavirus or being unable to travel or being required to self-isolate.

Cancellations Ubuntu (Customizable Journeys) 

4.1 Cancellation by you 

If you wish to cancel your booking you must notify us in writing. In all circumstances where you cancel your deposit will be forfeited. If you cancel more than 3 months before the start date of your arrangements then the balance of your payment will not require to be made. If you cancel within 3 months of the start of your arrangements the full cost of your arrangements will be due. If the full cost of your arrangements has not been paid when you cancel, any balance due will require to be paid in the agreed currency by way of bank transfer to the bank account shown on the confirmation invoice within 7-10 working days of your cancellation notice.

If you or any member of your party has to cancel or is prevented from travelling you may apply to us to transfer your or their place to someone else introduced by you provided that;

4.1(a) you give reasonable notice of the intention to make a transfer before the start date of your arrangements;

4.1(b) all suppliers and any other third parties accept the transfer of person and

4.1(c) the transferee accepts these booking terms and provides evidence of travel insurance.

Where a transfer of persons can be made any additional costs and charges incurred by us or imposed by any of our suppliers will be charged to you together with an administration fee of INR 5,000 + 18% GST. This must be paid upfront, at the time of this request. 

4.2. Changes and cancellations by us

4.2(a) Occasionally we may have to make changes due to factors out of our control. If changes are minor you will not be entitled to a refund or to change your booking or to compensation. A significant change is a change made before your booking commences which, taking account of the information you gave us at the time you made your booking and which we could reasonably be expected to have known, we can reasonably expect to have a major effect on your holiday.

4.2(b) A significant change is a change of accommodation to that of a lower standard. All other changes are minor changes. If we have to make a significant change we will inform you as soon as reasonably possible. We will offer you the choice of one of the following options,

accepting the change or

accepting arrangements with us of a similar standard to that of your original booking if substitutes are available or

accepting substitute arrangements of a lower standard to that of your original booking if substitutes are available or

cancelling and receiving a full refund of all monies paid by you.

4.2(c) If the alternative arrangements are cheaper than your original booking we will refund the price difference and if it is more expensive you will be charged for the difference.

4.2(d) Subject to the following exceptions if we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation depending on the circumstances and the time that a significant change or cancellation is notified to you. Compensation will not be payable and no liability beyond offering the alternatives set out above will be accepted where:

we or one of our suppliers are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or

we have to cancel because the size of your party has been reduced by you to an unviable number or

where a significant change is made (which you accept) prior to or at the time of issuing your confirmation invoice.

4.2(e) No compensation will be payable and the alternatives set out above will not be available if we cancel as a result of:

any requirement of these booking terms and conditions entitling us to cancel (such as you failing to pay on time) or

any failure attributable to a third party unconnected with the performance of your booking which is unforeseeable or unavoidable.

Cancellations Ubuntu Special or Ubuntu Junior (Fixed Journeys/Retreats) 

5.1 Cancellation or postponement by us

5.1(a) Ubuntu Special or Ubuntu Junior reserves the right in any circumstances to cancel your retreat at any time up to 12 weeks* before the start date, in which case we will offer a refund in full of all dues paid for your journey/retreat

5.1(b) Ubuntu Special or Ubuntu Junior reserves the right in any circumstances to postpone and reschedule your journey/retreat at any time up to 12 weeks* before the start date, in which case we will offer to transfer your 20% deposit to the new dates or issue a voucher to be used on any other journey/retreat. Any other journey/retreat payments will be refunded.

5.1(c) Ubuntu Special or Ubuntu Junior will not be responsible for any payments made for travel, so please make sure flights booked are flexible with an airline that allows free changes to dates or one that gives credit vouchers for future flights with them. 

*Due to Coronavirus, our 12-week cancellation deadline and 10-week balance payment due date may be changed to 6-8 weeks depending on the location so that we can make informed and up to date decisions about travel and safety based on Foreign Office/Regional Office advice. You will be informed in writing if this is the case.

5.2 Cancellation by You 

5.2(a) You (or any member of your party) may cancel your journey/retreat at any time provided that the cancellation is made by the person submitting the booking form and it is communicated to us in writing. Cancellation will take effect the day such notification is received by us.

5.2(b) As this incurs administrative costs, we will retain your 25% deposit in all circumstances and will apply cancellation charges up to the maximum shown below: –

Days Before Departure Cancellation Charge

• 90 days or more: 25% of your retreat cost
• 30-90 days: 75% of your retreat cost
• Less than 30 days: 100% of the retreat cost

Please Note: The 25% deposit is non-refundable, although you may be able to move it to another journey/retreat. If you have to cancel less than 90 days before your holiday, you may be able to move your balance to another journey/retreat. This depends on waitlists and availability and is at the discretion of the company owner.

Please further note:

Compensation payments will not apply if payment for your retreat has not been received by Ubuntu Special or Ubuntu Junior by the stipulated payment date.

Compensation will not be paid if Ubuntu Special or Ubuntu Junior is forced to cancel or in any way change your retreat due to war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, pandemic, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, or other circumstances which amount to force majeure.

Force Majeure

Except where otherwise expressly stated in these booking terms and conditions we will not be liable to or pay you compensation if our contractual obligations to you are affected by any event which we or any supplier(s) of any service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or any supplier’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

Flights 

We do not book flights for our guests. We may recommend suitable flights, trains and provide directions but Ubuntu/Ubuntu Spl/Ubuntu Jr. is not responsible for your travel plans and arrangements unless otherwise stated with regards to internal flights required by a specific itinerary. It is your responsibility to confirm your flight times and check-in with your airline before your outward and return journey.

Surcharges

Ubuntu/Ubuntu Special/Ubuntu Junior reserves the right to increase the price of your booking if needed to allow for variations in transportation costs due, fees chargeable for services and exchange rate fluctuations applicable on your travel arrangements. 

However, there will be no change/increase in price within a month (30 days) of your departure date. We will, in this case, absorb the increase which equals 2% or less of the cost of your travel arrangements. 

Our Liability to You

9.1 We take responsibility for ensuring that the journeys booked with us are as close as possible as described and that the services that we are contractually obliged to provide are at a reasonable standard. 

9.2 We take responsibility if we or our suppliers perform negligently or negligently arrange any services forming part of your journey and we will pay you reasonable compensation. The level of this compensation will be calculated taking into consideration all relevant factors. Please note that it would be your responsibility to demonstrate negligence in order to make a claim against us. 

9.3 We will not be responsible nor pay any compensation for any injury, illness, death, loss, damage, expense, cost or other claims of any description if it relates to or results from: 

the act(s) and/or omission(s) of the person(s) affected;

the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;

unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised;

an event which either ourselves or our suppliers could not, even with all due care, have foreseen or forestalled

for any services or facilities which do not form part of your booking;

which on the basis of the information given to us by you concerning your booking, we could not have foreseen you would suffer or incur if we breached our contract with you on the basis of the information given to us by you at the time you made your booking;

any business activity.

force majeure as described in clause 6 of these booking terms and conditions.

9.4 Optional trips booked locally are not our responsibility. 

Please note: There are risks inherent with any activity holiday and with physical exercises such as yoga, hiking, kayaking, riding and diving. We strongly recommend that you consult your doctor before travel to advise on your ability to undertake strenuous exercise and the activities and travel involved in your particular trip. You should make him/her and us aware of any medical condition that may affect your ability and comfort when undergoing vigorous exercise.

Your liability to us

Please familiarise yourself with the local customs of the country you are visiting, especially if it is a country with conservative culture or you are visiting a location that does not have many tourists.

You must at all times avoid causing damage, distress, danger or annoyance to third parties and you must comply at all times with any reasonable instructions of any of our representatives, agents or suppliers.

Guests who are deemed by our partners/hosts/journey mentors or leaders to be acting in a way that is inappropriate or in the local environment or towards our teams or other guests will be requested to stop. If the inappropriate conduct continues our partners/hosts/journey mentors or leaders may ask the guest to leave.

Inappropriate conduct includes verbal abuse, aggressive behaviour and violence, repeatedly disruptive behaviour, consuming excessive alcohol or drugs, sexual harassment, including sexual comments and unwanted touching.  It also includes unwelcome behaviour that intimidates, offends or humiliates a person because of a particular personal characteristic such as age, race, gender, disability, religion or sexuality.

No refund will be given in this circumstance and all costs for early departure must be met by the guest.

You will be responsible for the cost of repairing or replacing any damage to property caused by you.

You must comply with all of your other obligations under these booking terms and conditions.

Complaints 

If you face a problem with one of our journeys, please do get in touch with us via email or WhatsApp and via phone call if it’s more urgent and we will endeavour to solve it. If this complaint cannot be resolved locally, please write to us soon as you return.

Passports, visas, insurance and health requirements

You are responsible for ensuring that you have a valid passport, necessary visas and vaccinations and any other necessary health requirements and documents. 

You are also responsible for making arrangements for your travel insurance. This should cover you for the activities planned in your journey and should additionally have adequate coverage for delays in travel, curtailments and/or cancellations, medical expenses and personal belongings. 

Travel insurance is mandatory for all our journeys and you will be asked to give these details at least 6-8 weeks before your date of travel. For a group trip, such as those with Ubuntu Specialist, we might even cancel your place if you fail to produce said details, with no refund. 

Advance guest information 

As our guest, you will be required to complete a confidential information form after we have made the initial decision on travel and journey. This will help us prepare for each of our guests a bit more thoroughly. Through this form you will share with us why you have booked and what your expectations are from the journey. It will also help us familiarise ourselves with pre-existing injuries or medical conditions if any, including allergies so that we can make arrangements in order for you to completely enjoy the journey without missing out on anything important. We would love to see you set out on your journey and for that, we would need to receive this form in advance. 

Contract

This contract is made on the terms of these Booking Conditions, which are governed by Indian law and the exclusive jurisdiction of the Mumbai Courtshaving