Terms and Conditions

Internet based website www.firstouting.in( “First outing Club’’) , hereinafter “Website”  and its other digital properties including but not limited to its mobile application (“Application”) which is a technology platform owned, operated and made available by Ucount technologies Private Limited (CIN-U72300WB2015PTC208660) , a company incorporated under company act 2013, which enables the user ( hereinafter “ Member”) to book online Package tour and allow  get a membership to avail different benefits through  independent third party (“Channel Partner”)   hotel/Guest house , tours , event management   services.

  1. MEMBERSHIP ELIGIBILITY

If you are not affable to all the Usage Terms in here entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety.

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered membership account.

The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. First outing Club  reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if First outing Club discovers that User is under the age of 18 years. Furthermore First outing Club has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with a notice.

First outing Club provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to First outing Club that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. First outing Club may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.

  1. Membership Benefits

Free Membership Benefits

  • Regular update on different tours , offer , discount
  • Guest House facility at network third party guest house ( Channel Partners) subject to availability
  • Enjoy network hotel booking facility.
  • Yearly complimentary gift on traveling one tour with us every year.

Paid Membership Benefits

  • Guest House facility at network guest house ( Channel Partners) subject to availability
  • One free Pass of special like event 31st Dec, New Year, Christmas Eve, Valentine day Etc through third party ( Channel Partners)
  • Event consultation and arrangement like Wedding, Party, function, food etc. through third party ( Channel Partners)
  • Free family (2 adult and child) holiday equivalent to membership fee.
  • Regular update on different tours , offer , discount
  • Enjoy Benefit of Priority customer
  • Enjoy network hotel booking facility
  • Yearly complimentary gift on traveling one trip with us every year.

 

  1. User responsibility and Cognizance of this agreement

 

The Users availing services from “ First Outing Club “ shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by First Outing Club for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or First Outing Club with respect to any services to be provided by First Outing Club shall be restricted to the scope of this agreement.

First Outing Club reserves the right, in its sole discretion, to terminate the access to any or all First Outing Club websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by FIRST OUTING CLUB like the air tickets, accommodations, rail, holiday packages etc. Such TOS will be provided/ updated by First Outing Club which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.

First Outing Club Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail First Outing Club Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other First Outing Club document, then these terms shall control.

 

  1. Third party account access and information

By using the Account Access service in FIRST OUTING CLUB’s websites, the User authorizes FIRST OUTING CLUB and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify FIRST OUTING CLUB immediately in writing of any unauthorized use of their password or account or any other breach of security. FIRST OUTING CLUB will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.

  1. General Payment and Fees

FIRST OUTING CLUB reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. FIRST OUTING CLUB further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by FIRST OUTING CLUB for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. First Outing Club is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request First Outing Club for any refunds against the un utilized or ‘no show’ air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and First Outing Club as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above.

  1. Paid membership agreement

Membership will be charged on yearly basis. Any modification/addition/deletion on paid membership benefits as mentioned in the clause “2. Membership Benefits /paid membership benefits” or cancellation, the member shall be notified by the FIRST OUTING CLUB.

  1. General Terms of services for all Package tours

 Commitment of Good Faith:

The Company shall endeavor to act in good will and make all efforts within its competence and belief to ensure an enjoyable and safe journey that satisfies the User and fully meets his/her expectations and wishes.

Tour Price:

The tour price shall include the cost of the entire tour and taxes  and shall not be divisible by individual items or services of the tour. No refund or reduction will be made for non-utilization of any item or service included in the tour price finally agreed between the Company and the User for any reason whatsoever.

Tour Packages Comprises of following services:

  1. Hotel 2 Star accommodation with 2 sharing Basis
  2. Pickup and Drop to Source point
  • Vehicle on sharing Basis otherwise specified in the itinerary
  1. Sight seen as per itinerary
  2. Food as per itinerary
  3. Statutory clearance passes etc.
  • Guide

Note: Special arrangement on food (Restaurant Specific) , Vehicle ( Choice) , Accommodation, recreation   or any others under category of Customize trip.

Passports, Visas, Vaccinations:

Each participant must: Personally ensure that he/she has a valid passport. The Company cannot be held liable for any loss of passport(s) due to any reason whatsoever.  Personally be responsible for obtaining an appropriate visa valid for the duration of the tour unless otherwise specified in the services. Personally be responsible for taking all the vaccinations that may be deemed reasonably necessary by the user. The Company shall not be liable for any consequences that may arise out of failure, including negligence, to obtain such vaccinations.

Payment:

The price mentioned must be payable online or to the local office of the First Outing Club the time of reservation.

Booking Changes:

Changes in any booking like date, route, place. The user shall be liable to pay incremental charge.

Tour Cancellations/Modifications by the Company:

In the event of unforeseeable events and circumstances beyond control of the Company such as war, epidemics, natural disasters, military operations, delay in  etc., the effects and consequences of which cannot be commercially reasonably mitigated or prevented, as well as delays and deviations caused by weather conditions (heavy rains, thunderstorms, fires, etc.) or public services (changes in the schedule of air transport and railway), the Company reserves the right to cancel the tour or make changes to the travel arrangements as follows: If the tour is cancelled prior to the departure date, the Company shall notify the Userat the earliest possible date and refund all the amounts that have been paid by the User except cancellation charges of Air tickets , train tickets and other cancellations charge applicable. If a major change is made in the travel arrangements, i.e. a different itinerary, destination, etc., the Company shall notify the User at the earliest possible date and the notified User may decide whether to cancel the tour or to accept such a change. If the User decides to cancel the tour, the Company shall provide a full refund. If the User accepts the change, such acceptance shall be considered as a new contract specifying the substitution tour and its effects on the price. If the substitution tour is cheaper than the original tour, the difference shall be refunded to the Client. If the substitution tour is more expensive, the User shall pay a supplement, provided that he/she accepts the substitution. In the case of cancellation, the Company’s liability is limited to a return to the Userof any amounts paid and the user shall not be entitled to any other compensation whatsoever. If unforeseeable events and dangerous occurrences, which could put the lives of the tour participants at risk, occur during the tour, then the FIRST OUTING CLUB reserves an exclusive right to change any travel arrangements either directly from its headquarters or 2 indirectly by the decision of its tour guides and group leaders. In such a case, all travel dates and itineraries shall be altered without the Userbeing entitled to any refund or compensation of damages.

Obligations of the User:

The User shall commit to: Comply with the  laws applicable to the different , country , state , ovince , requirements and formalities of local police, health and other public authority;  Act in a courteous manner towards the Company’s employees, guides and representatives and obey the instructions of the tour guide and/or group leader during the whole tour; Cooperate with transport, hotel, restaurant operators and other providers and comply with their terms and rules under which such services are provided; Respect the customs and traditions of local residents and rules of traditional dwellings; and, in general, of all such places where the User alone is responsible for his/her acts; Behave in an environmentally friendly manner.

Participating in the tours organized by the Company may involve the risk of death, injury, mental or emotional trauma, disability or property damage from hazards and dangers associated with such activities as 4WD driving and self-driving, horse riding, hiking, fishing, trekking, rock climbing, swimming, etc., including but not limited to injuries caused by falling from horse, yak or camel, injuries resulting from slipping or falling on uneven terrain, injury or illness resulting from exposure to cold, sun, windy or other weather conditions, injury resulting from non-use, misuse or failure of equipment, including cars, riding or climbing hardware, as well as improper treatment of animals. Certain risks are inherent in these activities and can not be eliminated or mitigated. There may be other risks associated with remoteness of medical centers and lack of appropriate medical personnel or medication or risks caused by a third party such as theft, robbery, physical or emotional assault. By making a reservation with the Company, the User affirms that he/she has considered these risks, that his/her participation in the tours organized by or involving the Company is entirely his/her choice, and that he/she agrees to freely accept and fully assume all such risks as well as any other risks involved in participating in the tours and tour activities organized by the Company and the possibility of any resulting injury, loss or damage. The User and its beneficiaries agree to release, waive and discharge the Company and all of its employees, guides and representatives from and against any and all presently existing and/or future liabilities, damages, actions and claims relating to or arising from any activity, occurrence or event involving the Company, or relating to or arising from any action or omission by the Company or by any employee, guide, or representative of the company, regardless of whether such action or omission constitutes negligence. The Userand its beneficiaries further agree to indemnify and hold harmless the Company and all of its employees, guides and representatives from and against any loss, damage, 3 liability and expense incurred by the Company as a result of the Client’s participating in the tours and tour activities organized by or involving the Company.

Health/Medical Condition of the User:

The user confirms and represents to the Company that he/she is in good health and does not suffer from any serious medical condition that may be aggravated by participating in the tour activites, some of which may be physically demanding. If the user becomes unable to complete the tour due to intentionally undisclosed health conditions, he/she shall not be entitled to seek any compensation whatsoever from the Company. The user must inform the Company in advance of any impairment or disability that may limit his/her participation in the tour activities. The Company shall endeavor to make reasonable efforts to address the needs and/or requirements of individuals with impairments or disabilities. However, the user must take into consideration that the Company’s tour package and the Company’s personnel are not specially equipped to cater and/or provide for the needs and/or requirements of such individuals. Therefore, the Company strongly urges all intending tour participants to equip themselves with all special care and/or needs that they may require.

Limitation of Responsibility:

The Company reserves the right to limit its own responsibilities according to the laws and regulations currently effective in the respective country.

Disputes and Limitation Of Damages:

In the event of a dispute, the Company and the Usershall endeavor to seek an amicable and faithful agreement. If the parties fail to reach such agreement, the dispute shall be referred to the India court and shall be governed solely by Indian law. The User may submit a claim within 30 (thirty) days from the completion of the trip.

  1. Insurance
Unless explicitly provided by FIRST OUTING CLUB in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and FIRST OUTING CLUB doesn’t accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by FIRST OUTING CLUB shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and FIRST OUTING CLUB shall not provide any express or implied undertakings for acceptance of the claims by the insurance company

  1. Intellectual Property rights

FIRST OUTING CLUB may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by FIRST OUTING CLUB and shall not copy, transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed 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.

10. Special Conditions to Disclose information to third parties

We may share non-personally identifiable information, such as aggregated Users statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

First Outing Club shall be entitled to disclose to all of its group companies or any of its authorized chauffeurs or any government body as so required by the law or by directive or request from such government body or any third party, your particulars in the possession of ‘First Outing Club’ in any way as First Outing Club, in its absolute discretion, deems fit or if it considers it in its interests to do so.

 

11, Indemnity

 

You agree to defend, indemnify and hold harmless’ First Outing Club’, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ‘First Outing Club’ Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Service and your use of the ‘First Outing Club’ Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.

  1. Cookie Notice

‘First Outing Club collects and processes the personal data of the visitors of the Website and Users of the Application according to the Privacy and Cookie Notice.

  1. Modifications and updates to this Privacy Notice

‘First Outing Club’ reserves the right, at its sole discretion, to modify or replace any of these Users Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. ‘First Outing Club’ may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

  1. User Agreement

 The User expressly agrees that use of the services is at their sole risk. To the extent FIRST OUTING CLUB acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall FIRST OUTING CLUB be liable for the services provided by the service provider. The services are provided on an “as it  is” and “as available” basis. FIRST OUTING CLUB may change the features or functionality of the services at any time, in their sole discretion, without notice. FIRST OUTING CLUB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from FIRST OUTING CLUB or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the FIRST OUTING CLUB pages or otherwise use any of the contents, pages, information or any other material provided by FIRST OUTING CLUB. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying FIRST OUTING CLUB in writing.