Customer Master User Agreement

This Customer Master User Agreement ("Agreement") constitutes a binding legal contract between Whispering Earth LLP (hereinafter referred to as "the Company", "we", "us", or "our") and the customer (hereinafter referred to as "the User", "you", or "your") purchasing, booking, or inquiring about travel services through online channels (the website www.myecotour.in) or offline channels (including but not limited to email, phone, WhatsApp, or physical office visits).

1. NATURE OF THE SERVICE AND ROLE OF THE COMPANY

1.1. Facilitator Status: The User acknowledges that the Company acts strictly as a facilitator and marketplace platform. We curate, aggregate, and book travel services—including hotels, homestays, eco-resorts, safaris, day activities, transport, and flights—which are owned, operated, and provided by independent third-party service providers ("Third-Party Suppliers").

1.2. No Direct Control: The Company does not own, manage, or operate any aircraft, transport vehicles, hotels, homestays, or safari vessels. Therefore, the contract for service fulfilment is directly between the User and the respective Third-Party Supplier. The Company cannot be held liable for any deficiency, delay, default, injury, or service breakdown on the part of these suppliers.

2. ONLINE AND OFFLINE BOOKING PROTOCOLS

2.1. Online Bookings: Confirmations for online bookings generated through the Website are subject to real-time inventory verification and successful payment.

2.2. Offline Bookings & Custom Itineraries:

• For customised tours arranged offline, any quotation or itinerary provided by the Company via email or text is valid only for 48 hours from the time of transmission, unless explicitly stated otherwise. Rates are highly dynamic due to local forest permits, seasonal eco-lodge surcharges, and limited inventory.
• An offline booking is legally recognised as "Confirmed" only upon receipt of the stipulated advance payment and after the Company issues a formal booking voucher.

3. SPECIFIC ECO-TOURISM & WILDLIFE DISCLAIMERS

By booking an eco-tourism package, the User explicitly understands and agrees to the following destination-specific realities:

3.1. Wildlife and Natural Phenomena: The Company organizes wildlife safaris, nature treks, and eco-tours. However, sightings of specific animals (e.g., tigers, snow leopards), natural phenomena (e.g., Northern Lights, cherry blossoms), or specific weather conditions are entirely natural, unpredictable, and never guaranteed. No refunds, discounts, or compensations will be entertained based on the absence of such sightings or phenomena.

3.2. Terrain and Facility Standards: Eco-tourism destinations frequently involve remote terrains, dense forests, high altitudes, or protected tribal/rural zones. The User understands that accommodations such as farmstays, homestays, and jungle camps emphasise sustainability over urban luxury. 24/7 electricity, air conditioning, high-speed internet, or immediate medical infrastructure may not be available due to environmental, geographical, or logistical constraints.

3.3. Restricted Areas & Government Permits: Certain destinations require specialized Inner Line Permits (ILP), Protected Area Permits (PAP), or restricted forest entry tickets (e.g., portions of Ladakh, Northeast India, Andaman & Nicobar Islands, and wildlife sanctuaries).

• The User is responsible for submitting accurate documentation (Aadhaar, Passport, etc.) within the timelines requested by the Company.
• If a government authority or forest department arbitrarily rejects, cancels, or suspends a permit, such an event constitutes Force Majeure. The Company’s liability will be strictly limited to passing on whatever refund is retrieved from local suppliers, minus our administrative handling fee.

4. PAYMENT TERMS, FARE FLUCTUATIONS, AND INCIDENTALS

4.1. Payment Models: Bookings may be configured as "Prepaid" (fully paid to the Company) or "Pay at Property/Destination" depending on the individual supplier’s framework.

4.2. Price Revisions: Prior to full payment, prices quoted are subject to change without notice due to external factors like increases in government taxes, fuel surcharges, or safari permit fee revisions by forest departments. The User agrees to pay any such differentials.

4.3. Property Incidentals: The booking fee covers only what is explicitly specified in the confirmation voucher. Any extra services availed at a property (e.g., room service, laundry, specialised local guiding, extra meals, or mandatory festive gala dinner surcharges) must be settled by the User directly with the property before checkout.

5. CANCELLATIONS, AMENDMENTS, AND REFUNDS

5.1. Supplier Policies Control: All cancellations and modification requests are bound directly by the terms of the underlying Third-Party Suppliers (airlines, eco-resorts, safari operators), which are often significantly more stringent than standard commercial urban hotels.

5.2. Permit Non-Refundability: The User acknowledges that government forest safari permits, monument entry tickets, and inner-line permit processing fees are 100% non-refundable and non-transferable from the moment of booking under all circumstances.

5.3. Processing Timelines: Once a valid refund request is approved, the money will be credited back via the original payment channel. Processing timelines generally take 7 to 14 business days, depending on banking channels and supplier liquidation. The Company reserves the right to charge a reasonable administrative processing fee per traveller for handling cancellations.

6. USER RESPONSIBILITIES, DOCUMENTATION, AND AGE

6.1. Age Threshold: The primary guest making the booking must be at least 18 years of age and assumes financial and legal responsibility for all individuals included under the booking voucher.

6.2. Identification & Local Laws: Travellers must carry valid, government-approved physical photo identity and address proofs (Aadhaar, Passport, Voter ID) at all times. Hotels/ Resorts and Homestays reserve the absolute right to deny check-in if valid documentation is missing or if guests violate local cultural, environmental, or administrative norms (including specific restrictions placed by some properties regarding unmarried couples or local residents). The Company bears zero liability in such check-in rejections.

6.3. Damage to Property: The User is directly liable to compensate the property or operator for any physical damage, destruction, or biohazard caused to the resort, homestay, or transport vehicle by the willful or negligent acts of themselves or their traveling party.

7. LIMITATION OF LIABILITY & INDEMNITY

7.1. Maximum Cap: In the event of an established deficiency of service directly attributable to the gross negligence of the Company, the maximum financial liability of the Company shall be strictly capped at the total booking amount paid by the User to the Company for that specific transaction.

7.2. No Indirect Damages: The Company shall not be liable for any indirect, incidental, punitive, or consequential losses, including missed flights, lost wages, personal emotional distress, or medical expenses incurred during travel.

7.3. Personal Risks: Activities such as jungle trekking, river rafting, scuba diving, and wildlife safaris carry inherent physical risks. The User agrees to participate in these at their own risk and hereby releases and indemnifies the Company from any claims involving physical injury, medical illness, or death occurring during the trip.

8. FORCE MAJEURE

8.1. The Company shall not be held liable or responsible for any failure, delay, cancellation, or alteration of travel arrangements resulting directly or indirectly from a Force Majeure event.

8.2. Force Majeure includes, but is not limited to: acts of God, sudden weather anomalies, cloudbursts, floods, landslides, earthquakes, forest fires, unseasonal snow blocks, wildlife migration/attack closures, sudden lockdowns, civil unrest, local strikes/bandhs, epidemics, or sudden modifications in national/state environmental laws or forest department booking rules.

9. DISPUTE RESOLUTION AND JURISDICTION

9.1. Any misunderstanding, complaint, or dispute arising out of this Agreement should first be addressed amicably through our customer support team at info@myecotour.in.

9.2. If an amicable settlement cannot be reached, the dispute shall be governed by Indian law and subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.