Terms & Conditions

Explorebird (hereafter referred to as "Explorebird","we", "us", or "our") provides an online platform that connects operators who have knowledge and experience with a particular travel destination or activity with Travelers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined at the end of document), the "Services").

The Services are accessible at Explorebird.com and any other websites through which Explorebird makes the Services available (collectively, the "Site") and any related applications (the "Application"). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined at the end of document) and constitute a binding legal agreement between you and Explorebird.

Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

The services comprise an online platform through which operators (defined at the end of DOCUMENT) may create listings (defined at the end of document) for tours & activities (defined below) and travelers (defined below) may learn about and book such group tours & activities.

You understand and agree that explorebird is not a party to any agreements entered into between operators and travelers, nor is explorebird an agent or insurer. Explorebird has no control over the conduct of operators, travelers and other users of the services, and disclaims all liability in this regard.

Key Terms

"Collective Content" means Member Content and Explorebird 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 Explorebird's account registration process, including, but not limited to Operators and Travelers, 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. "Explorebird Content" means all Content that Explorebird makes available through the Services, including any Content licensed from a third party, but excluding Member Content. "Traveler" means a Member who requests a booking of the services, or a Member who participates in a service 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.

Modification

Explorebird reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of an Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services or please let us know so that we can discuss and resolve the problem areas.

Eligibility

The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities. Such 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 Explorebird Account (defined below) or provide your email address or use Facebook login. As stated above, Explorebird makes available a platform or marketplace with related technology for Travelers and Operators to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours. Explorebird is not an operator of tours, activities or other Group Tours, nor is it a provider of group tours or activities and Explorebird does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.

Explorebird's responsibilities are limited to: (I) facilitating the availability of the Services and (II) serving as the limited agent of each Operator for the purpose of accepting payments from Travelers on behalf of the Operator.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TOURS & ACTIVITIES. EXPLOREBIRD CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY GROUP TOURS. EXPLOREBIRD IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER'S OWN RISK.

For Travelers - In order to access certain features of the Services and to book a Tour, you can create an account ("Explorebird Account") 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 or as otherwise described in this section. 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); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your Explorebird Account with Third Party Accounts, by either: (I) providing your Third Party Account login information to Explorebird through the Services; or (II) allowing Explorebird to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Explorebird and/or grant Explorebird access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Explorebird to pay any fees or making Explorebird subject to any usage limitations imposed by such third party service providers. By granting Explorebird access to any Third Party Accounts, you understand that Explorebird may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your Explorebird Account and Explorebird Account profile page. You agree that Explorebird may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Explorebird Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Explorebird's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Explorebird Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services.

PLEASE NOTE THAT 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.

Bookings and Financial Terms for Operators

When a booking is requested via the Services, we may share with you the first and last name of the Traveler 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 Tour Cost. The Tour Cost and applicable Taxes are collectively referred to in these Terms as the "Total Cost". The amounts due and payable by a Traveler solely relating to an Operator's Group Tour are the "Tour Cost". Please note that it is you and not Explorebird which determines the Tour Cost and you agree this Cost will be exactly the same or less than the Cost stated on your website.

Appointment of Explorebird as Payment Agent for Operator

Each Operator hereby appoints Explorebird as the Operator's limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Operator. Each Operator agrees that payment made by a Traveler to Explorebird shall be considered the same as a payment made directly to the Operator and the Operator will make the Group Tour available to Traveler 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, Explorebird assumes no liability for any acts or omissions of the Operator. Operators acknowledge and agree that Explorebird 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 Explorebird will provide notice of new fees via the Services, prior to implementing such new features.

Service Fees only apply to Operators

In consideration for providing the Services, Explorebird collects a service fee only from Operators ("Service Fees"). A Service Fee is made up of the based upon a percentage of the amount of the Tour Cost which is defined in the Operator's Explorebird T n C. 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 (please note that we will not be responsible for delays in remitting Group Tour Fees, which can vary based on the bank, currency, location, etc). Balances will be remitted by Explorebird 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 Explorebird, we will pay our bank's costs and and you are responsible to pay your bank's costs. More information on Service Fees can be found in your Dashboard by going to Profile > Explorebird Profile. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms Traveler Cancellations, Refunds and Complaints

Explorebird is a curated travel platform that aims at providing its customers the best travel experiences. At Explorebird, we know how passionate you are when you plan for something or look forward to an escapade that you’ve just booked. We also know and understand the unexpected events that may come across your way. We believe that these exigencies are a part and parcel of life. We know you’d cancel a plan with a heavy heart and hence we do not charge you a cancellation fee if you change or cancel your booking with us.

As we have promised, Explorebird has no cancellation fees for itself. But the resorts, government bodies or your activity organizers may impose change penalties, late cancellation fees, non-refundable fees etc. that are unavoidable. Hence, only in cases where operators insist on cancellation charges, will we deduct the actual amount from your booking payment. Therefore, actual cancellation charges can vary from package to package and information about the cancellation rules would be stated in the package details of every package online.

In cases where explorebird has made your online flight/train booking, the cancellation policy regarding these would follow the respective transport company’s policy. For instance, Train tickets cancellations will follow the Indian Railway’s policy.

All cancellations must be sent to explorebird in writing, by letter or e-mail or informed by contacting us on our helpline number. You will receive a confirmation on the cancellation and the charges applicable (if any).We understand your travel and planning needs better than anyone and would try our best to serve you better.  

 All traveler complaints about their experience on tour will be passed onto the tour operator's team to resolve. Explorebird 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, Explorebird reserves the right to remove the operators' tour listings from Explorebird.com.

Unforeseen Circumstances Operator Cancellations and Refunds

If an Operator cancels a confirmed booking made via the Services, (I) Explorebird will refund any Payment for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (II) the Traveler may receive an email or other communication from Explorebird containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Explorebird, please contact Explorebird at info@Explorebird.com

Cancellation in the Event of Inclement Weather

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 an Group Tour for reasons of inclement weather, you must contact the Traveler and Explorebird (at info@Explorebird.com) as early as possible. Subject to the Traveler's consent, the Operator and the Traveler may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveler, please contact Explorebird so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveler, if you have contacted Explorebird as provided above and Explorebird is unable to find you a replacement Group Tour, Explorebird may refund the Payment for such booking to the Traveler within a commercially reasonable time of the cancellation.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Explorebird 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.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Explorebird is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Explorebird 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 or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Explorebird used herein are trademarks or registered trademarks of Explorebird. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy

Explorebird respects copyright law and expects its users to do the same. It is Explorebird's policy to terminate in appropriate circumstances the Explorebird 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.

Disclaimers

Explorebird makes no warranty of any kind regarding this site or any of the products and services provided. All products and services provided by Explorebird are provided “as is” and without any warranty of any kind, either express or implied. Explorebird expressly disclaims all warranties and conditions, including without limitation any express or implied warranty of fitness for a particular purpose, merchantability, and/or those arising by statute or otherwise in law from dealing or usage of trade.

Limitation of Liability

We shall not be liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing, the website. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the website or by any other means. All content and information provided by Explorebird either through the website or otherwise is provided to you without warranty of any kind either expressed or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose with regard to any service, products or material provided by or through the website.

Indemnification and Release

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Website.

Reporting Misconduct

If you participate in an Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (I)engages in offensive, violent or sexually inappropriate behaviour, (II) you suspect of stealing from you, or (III) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Explorebird by contacting us with your police station and report number at info@Explorebird.com; 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.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Explorebird and you regarding the Services and Collective Content, and any bookings or Listings of Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Explorebird and you regarding bookings or listings of Tours, the Services and the Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Explorebird's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Explorebird may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Explorebird (I) via email (in each case to the address that you provide) or (II) 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

These Terms and Conditions shall be governed by Indian law and the courts at Gurgaon shall have exclusive jurisdiction in all matters arising out of or in connection with the use of the website by you.

General

The failure of Explorebird to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Explorebird. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Newsletters

By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.

Contacting Explorebird

If you have any questions about these Terms or any App Store Sourced Application, please contact Explorebird at info@Explorebird.com