Backpackclan (hereafter referred to as “KSN Tours Pvt Ltd”, “Backpackclan”, “we”, “us”, or “our”) provides an online platform that connects Operators who have knowledge and experience with a particular travel destination or activity with Travellers seeking to experience such destinations and activities.
You understand and agree that Backpackclan is not a party to any agreements entered into between operators and travelers, nor is Backpackclan an agent or insurer. Backpackclan has no control over the conduct of operators, travelers and other users of the services or any group tours, and disclaims all liability in this regard.
Collective Content” means Member Content and Backpackclan Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Operator Service provider or Vendor” means a Member who creates a Listing via the Services. “Listing” means an Activity or Tour that is listed by an Operator as available for booking via the Services. “Member” means a person who completes Backpackclan’s account registration process, including, but not limited to Operators and Travellers, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, value-added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Traveller” means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in a Group Tour and is not the Operator for such Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Backpackclan reserves the right to change, modify or alter, at any time, the terms and conditions of this User Agreement, without any prior notice. The User shall be responsible for regularly reviewing the concerned terms and conditions. If the modified Terms are not acceptable to you, you can stop using the Services.
The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities (“Group Tours”). Such Group Tours are included in Listings on the Services by Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Tour or create a Listing, you must either register to create a Backpackclan Account (defined below) or provide your email address. Backpackclan is not an operator of tours, activities or other Group Tours, nor is it a provider of group tours or activities and Backpackclan does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.
Backpackclan only facilitates ticket booking and does not take any guarantee of any kind of permissions or tickets required in course of your tour itinerary. In case you miss and do not have the required documents due to which you are not able to complete your tour, Backpackclan or tour operator will not be liable for the act.
For Operators – Tour operators that wish to take advantage of Backpackclan services and sell their tours on the https://backpackclan.com/ Global Marketplace need to first submit their application. Backpackclan reviews all sign-up requests and assesses the compatibility of the tour operators’ product with the Marketplace. This review process can take up to 2 weeks as the product, company, market fit, bonding, safety and global reputation of the company is assessed. Upon reviewing the sign-up request the Backpackclan team informs the operator whether or not working together is possible. Backpackclan reserves the right to decline the application at this stage, or any other, stage.
If the first screening is positive, the operator will be asked to fill out an application form and submit it to the Backpackclan team. Once this form is accepted, processed and the application is confirmed, the operator will be guided through the next sign-up steps, which include uploading tour listings, installation of tools like Facebook Applications and assisting the operator wherever possible. Before Backpackclan can start driving bookings for the operator, the operator must agree to Backpackclan Terms and Conditions in writing via e-mail.
For Travellers – In order to access certain features of the Services and to book a Tour, you can create an account on the website and become a member. You may register to join the Services directly via the Site or Application using the link at the top of any page. You may also be able to register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook). Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
Backpackclan makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Backpackclan is not responsible for any SNS Content. We will create your Backpackclan Account and your Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS. You may not have more than one active Backpackclan Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Backpackclan reserves the right to suspend or terminate your Backpackclan Account and your access to the Services if you create more than one Backpackclan Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Backpackclan Account, whether or not you have authorized such activities or actions. You will immediately notify Backpackclan of any unauthorized use of your account. However, Backpackclan is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.
Tour operators are responsible for updating their tour information – either manually using the Backpackclan Dashboard, or by supplying the Backpackclan team with proper information over email. Listings will be made publicly available via the Services. Other Members will be able to book your Tours via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, a Tour in a Listing you post will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Tour in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and not conflict with the rights of third parties.
Please note that Backpackclan assumes no responsibility for an Operator’s compliance with any applicable laws, rules and regulations. Backpackclan reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Backpackclan, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that Thrillophilia does not act as an insurer or as a contracting agent. Backpackclan serves as the limited authorized agent of the operator for the purpose of accepting payments from the traveler on behalf of the operator and is responsible for transmitting such payments to the operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the members who are eligible to request a booking of your tour. Backpackclan recommends that operators obtain appropriate insurance for their tours. Please review any insurance policy that you may have for your tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, whether or not your insurance policy will cover the actions or inactions of travelers while participating in your group tour.
Backpackclan does not endorse any Members or any Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm and do not confirm any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Backpackclan with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against Backpackclan regarding the remittance of payments received from a Traveller by Backpackclan on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
BOOKING AND FINANCIAL TERMS FOR OPERATORS
If you are an Operator and a booking is requested for your Group Tour via the Services, you will be required to either confirm or decline the booking using Backpackclan ‘s Messaging System within the specified timeframe (which is generally within 24 hours of when the booking is requested) or the booking request will be automatically accepted. If you decide to decline a booking of a Tour within the specified timeframe, any amounts collected by Backpackclan for the booking will be refunded to the applicable Traveller’s credit card and any pre-authorization of such credit card will be released. You understand and agree that once a Traveller requests a booking of your Group Tour, the price for such booking may not be altered after you confirm the booking without first obtaining the Traveller’s consent. If you have not yet confirmed the Traveller’s booking you can amend the price, details and make other changes.
When a booking is requested via the Services, we may share with you the first and last name of the Traveller who has requested the booking. The Deposit amount displayed on the booking page is set by you. Where applicable, Taxes may be charged in addition to the Group Tour Cost. The Group Tour Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost”. The amounts due and payable by a Traveller solely relating to an Operator’s Group Tour are the “Tour Cost”. Please note that it is you and not Backpackclan who determines the Tour Cost and you agree this Cost will be exactly the same Cost stated on your website. Each tour booking must have its own invoice. Backpackclan will pay the Net Amount (defined as being the Group Tour Cost minus the Service Fee) to your nominated bank account. We are not responsible for delays in remitting Tour Fees, which can vary based on the bank, currency, location, etc. We are responsible for emailing the Traveller with a booking receipt for their payments. You are responsible for emailing any documentation, other necessary details and vouchers to the Traveller.
APPOINTMENT OF BACKPACKCLAN AS PAYMENT AGENT
Each Operator hereby appoints Backpackclan as the Operator’s limited agent solely for the purpose of collecting payments made by Travellers on behalf of the Operator. Each Operator agrees that payment made by a Traveller to Backpackclan shall be considered the same as a payment made directly to the Operator and the Operator will make the Group Tour available to Traveller in the agreed-upon manner as if the Operator has received the Part Payment. In accepting appointment as the limited authorized agent of the Operator, Backpackclan assumes no liability for any acts or omissions of the Operator. Operators acknowledge and agree that Backpackclan reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Backpackclan will provide notice of new fees via the Services, prior to implementing such new features.
SERVICE FEES ONLY APPLY TO OPERATORS
Backpackclan collects service fees only from Operators. A Service Fee is made up of the based upon a percentage of the amount of the Group Tour Cost. Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the Group Tour Cost before remitting the balance to the Operator. Balances will be remitted by Backpackclan to Operators via cheque, direct deposit or other payment methods described on the Site or via the Application, in the Operator’s currency of choice, depending upon the selections the Operator makes via the Services. Please note that for any payments by Backpackclan we will pay our bank’s costs and you are responsible to pay your bank’s costs.
CANCELLATIONS, REFUNDS AND COMPLAINTS
If, as a Traveller, you cancel your requested booking by raising a ticket, if the Operator declines your booking request due to non-availability which will automatically cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days). You agree to pay Backpackclan the Deposit for any booking requested in connection with your Backpackclan Account if such requested bookings are confirmed by the Operator. Once your booking is confirmed and you have received an email acknowledgment, what you have paid is non-refundable. If cancellation is made within 31 days of departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited.
Neither Backpackclan nor the Operators selling their tours on Backpackclan offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveler due to no fault of Backpackclan, or operators working with Backpackclan.
All traveler complaints about their experience on tour will be passed onto the tour operator’s team to resolve. Backpackclan is committed to working with tour operators to achieve a high level of service. If the response time and/or response quality of the tour operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, Backpackclan reserves the right to remove the operators’ tour listings from Backpackclan.com Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
If an Operator cancels a confirmed booking made via the Services, Backpackclan will refund any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and the Traveller may receive an email or other communication from Backpackclan containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator canceled a confirmed booking and you, as a Traveller, have not received an email or other communication from Backpackclan, please contact Backpackclan at firstname.lastname@example.org.
Certain Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Tour from taking place. As an Operator, if you need to cancel a Group Tour for reasons of inclement weather, you must contact the Traveller and Backpackclan at email@example.com as early as possible.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Backpackclan cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, Backpackclan may provide a feature through which Travellers may view prices for various Listings in foreign currencies. You understand and agree that these views of prices are for informational purposes only. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of the Payment, if your booking is confirmed by an Operator. The currency in which you will be charged may be determined by Backpackclan based on the payment method you select and the location of the Group Tour in the Listing you are booking.
Backpackclan will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Thrillophilia has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: although Backpackclan would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis and the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Backpackclan would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Backpackclan makes payment to an Operator.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Backpackclan Traveller or Operator; offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Backpackclan Account or register for a Backpackclan Account on behalf of an individual other than yourself.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights, is the exclusive property of Backpackclan and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights.
MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, Backpackclan grants you a limited, non-exclusive, non-transferable license to (i) access and view any Backpackclan Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Backpackclan or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Backpackclan a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Backpackclan does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Backpackclan the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Backpackclan’s use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to INR 100,000.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Backpackclan is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services from such websites or resources. Links to such websites or resources do not imply any endorsement by Backpackclan of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Backpackclan used herein are trademarks or registered trademarks of Backpackclan. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Backpackclan respects copyright law and expects its users to do the same. It is Backpackclan’s policy to terminate in appropriate circumstances the Backpackclan Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
If you choose to use the services, you do so at your sole risk. You acknowledge and agree that Backpackclan does not have an obligation to conduct background checks on any member, including, but not limited to, travelers and operators, but may conduct such background checks in its sole discretion. The services and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Backpackclan explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
Backpackclan makes no warranty that the services or collective content, including, but not limited to, the listings or any group tours will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Backpackclan makes no warranty regarding the quality of any listings, group tours, services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the services. no advice or information, whether oral or written, obtained from Backpackclan or through the site, application, services or collective content, will create any warranty not expressly made herein. You understand that Backpackclan does not make any attempt to verify the statements of users of the services or to review or visit any group tours. Backpackclan makes no representations or warranties as to the conduct of users of the services or their compatibility with any current or future users of the services.
You agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, travelers and operators, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Backpackclan or take place during a group tour. Notwithstanding Backpackclan ‘s appointment as the limited agent of the operators for the purpose of accepting payments from Travelers on behalf of the operators, Backpackclan explicitly disclaims all liability for any act or omission of any traveler or other third party.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and collective content, your listing or booking of any group tours via the services, and any contact you have with other users whether in person or online remains with you. Neither Backpackclan nor any other party involved in creating, producing, or delivering the services or the collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the services or collective content.
If you participate in a Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Backpackclan by contacting us with your police station and report number at firstname.lastname@example.org provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Backpackclan via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
GOVERNING LAW AND JURISDICTION
This User Agreement and each TOS shall be governed by and constructed in accordance with the laws of India. All disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts.
If you have any queries, feedback or suggestions regarding these terms, please contact Backpackclan at email@example.com.